VAN DER WESTHUIZEN J
to evictions. Predictions can be made on the basis of available information. For
example, surveys may serve to establish how many buildings in a municipality are
dilapidated and might give rise to sudden eviction proceedings.
[64] Notwithstanding the City‘s apparently inconsistent stance in respect of the
Occupiers,65 the conclusion seems inevitable that the City itself believes that it is
entitled and duty-bound to provide for and to fund at least those who currently benefit
under its policy. Otherwise, it would have to admit that it is acting ultra vires in
funding the accommodation of people presently included in the policy.
[65] The City refers to specific sections of Chapter 12 to buttress its argument. For
example, it relies on section 12.2.2 which states that the City has to account for the
funding provided only if the funds ―contributed materially to a future permanent
housing solution for the beneficiary.‖ This, it argues, supports the idea that it has no
duty or power to fund emergency or temporary housing needs.
[66] However, other provisions of Chapter 12 are important. Section 12.4.1 states
that municipalities must ―[i]nitiate, plan and formulate applications for projects
relating to emergency housing situations‖.
Section 12.6.1(b) states that ―[t]he
provision for possible emergency housing needs must be identified through pro-active
65
In April 2009 the City made an application to the province for funding in terms of Chapter 12. It did so
despite having hitherto denied that the Occupiers were eligible for assistance in terms of the Emergency
Housing Programme.
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents