Petitions about Human Settlements

Meeting report

Opening remarks
The Chairperson welcomed the guests and gave a special welcome to the petitioners. According to the rules of National Assembly, Part 3 page 207 -208, after tabling a petition in National Assembly the Speaker must refer the petition to the Committee if it is a special petition and if it is a petition of a general nature, the petition should be referred to the relevant portfolio committee or other appropriate committee. The petitions under review were referred to the Committee by the Speaker.

The Chairperson explained to the petitioners that the reason the petitioners were in Parliament on the day was because of the processes that had to take place and rules that Parliament had to follow. The petitioners may have submitted the petitions a long time ago but it should be clear that the petitions do not come directly to the Committee but are referred to the Committee by the Speaker of National Assembly. The petitions were referred to the Committee at the beginning of 2017 and that it why the meeting was held on the 7 March 2017.

The HOD of the Gauteng Department of Human Settlements, Ms Matilda Gasela tendered an apology on behalf of the MEC of Gauteng who had to attend a Budget speech, and has assured the Committee that he would make himself available at the next meeting if requested to attend.

Meadowlands Hostel Zone 11, Soweto
The petition on Meadowlands Hostel Zone 11, Soweto, Johannesburg, was submitted by Mr T Mhlongo (DA). The petition called for assistance in acquiring social housing and improved service delivery.

Ms Gasela said the issue of complaints from the residents of Meadowlands hostel is that they have been on a waiting list since 1996 and 1997, and the lack of housing. The HOD acknowledged that the Department has been experiencing a number of challenges regarding the waiting list and beneficiaries having waited for a long time. In trying to deal with the matter, the Gauteng department has gone through the list and found that there are challenges in that there were duplications, and beneficiaries who are on the waiting list but have since passed on. In that regard the department has sought to clean out the waiting list by employing conveyancers to follow up, and also had a number of engagements with the Deeds Office to try deal with the issue.

The Gauteng department is cleaning the demand database and once it is cleaned the department will ensure that the beneficiaries on the demand database are prioritised, and is a matter that the department is working together with the City of Johannesburg. The department visited Meadowlands and other hostels in Soweto on 2 March 2017 where a meeting was held with the residents and informed them that the department is looking at other projects that have started around the area. The City of Johannesburg has been requested by the department to start looking at some units that can be allocated so that the department can start looking at allocating people that have been on the waiting list for a long time.

In terms of the lack of collection of refuse bins in the area, the department is aware that the Pick It Up company employed by the City of Johannesburg collects refuse on a weekly basis at designated collection points. It has been confirmed with the City of Johannesburg that the service is still ongoing and if there were any challenges, the department will look into it together with the City of Johannesburg. On the issue of lack of water drainage, the department is aware that there is existing water and sewer infrastructure in the hostels and there is also a programme of upgrading the hostel, which is a joint venture between the department and the City of Johannesburg.

The issue of bad health hazards in the hostel was also raised in the petitions and these hazards are caused by spillages in the hostel. There is a programme of upgrading the hostels and the bulk sewer line.

The Director from the National Department of Human Settlements, Mr Vusi Tshose, said the Department has visited the area to verify what has been mentioned in the petitions. There are currently no problems.

The Chairperson confirmed that the New Age covered the visits from the National as well as Gauteng Department into the hostels last week and is not sure whether the visit was prompted by the invitation from the Portfolio Committee.

Discussion
Mr K Sithole (IFP) wanted to know if the Gauteng department visited the petitioners after it had received the petitions. What processes did the province undertake after the petitions had been received? He visited the hostel last weekend is aware of the situation there.

Ms T Baker (DA) asked when the province actually received the petition and what actions had been taken between then and now because the two-year gap is quite big.

Mr L Khoari (ANC) asked for an elaborate description of the procedure taken after receiving petitions and if the petitioners were satisfied.

Ms M Nkadimeng (ANC) asked why it was taking so long to review the waiting list that has existed for a long time, and who was actually responsible for performing the exercise.

Mr H Mmemezi (ANC) said the report showed that the department is taking the petitioners seriously and has done a good job. He appreciated the work done by the department and is quite happy with the services that the municipality is providing.

The Chairperson reminded the Committee that the petition was referred to Parliament in September 2015 and that Parliament was not fully active in 2016 for almost 6 months as MPs were campaigning for elections. The lapse in time can partly be explained by the 2016 campaigning and the absence of Members of Parliament due to election campaigns. The petitions were not directly sent to the Portfolio Committee but to Parliament in 2015. The necessary procedure then took place and the Committee only received the referral from the Speaker at the beginning of 2017, which is why the meeting was taking place on 7 March 2017 and not sooner.

The Chairperson asked Mr Mhlongo if the petitions were submitted to local government. Mr Mhlongo confirmed that the petitions were sent to local government in 2015, the same time they were sent to Parliament.

The HOD explained after the petitions were received by the MMC of housing at the time and the City of Johannesburg had a discussion on identification of other projects where residents could actually be allocated. In terms of the units built around the Dube Hostel, residents raised issues of affordability of the new Community Residential Units (CRUs) because the requirement is to pay R750 instead of the usual R70 that they were used to paying at the hostel. The department is looking into going through a process of a means test to see if some people can be placed in RDP houses so as to avoid the risk of allocating CRUs to people who will not pay.

There are very serious challenges in terms of the waiting list because when the department reviewed the list, they were informed that there were over a million beneficiaries who are on the 1996/7 waiting list. The department then went through the process of verification and in some instances found that there were duplications, some had passed on and some beneficiaries were not even supposed to be on the waiting list. After the Deeds registry office visit, the department found that there were a lot of challenges but have since cleaned up the demand database where the number has dropped from a million beneficiaries to 600 000 people on the waiting list. The process is ongoing and is estimated to take two to three months to sort out.

The HOD acknowledged and has taken note of the comments made and added that the province together with the metros will endeavour to deal with the issues at hand.

The Chairperson thanked the HOD for the contribution and added that the Committee instructs the City of Johannesburg together with the province to make a commitment to communicate with the Portfolio Committee and Mr Mhlongo on the progress of the projects and what they have done so far as the department. Mr Mhlongo submitted the petition and it is only fair that he is updated on the progress and not hear from the Portfolio Committee. She further instructed the department to include the progress made on the projects in the department’s quarterly reports to the national department so that the committee might be updated without having to invite the department to Parliament.

The representative of the Meadowlands Ms Dludlu, said she could not understand what the HOD was saying because it did not make sense to her that the department is still cleaning up a database that was created in 1996. It does not make sense for the process to take that many years. She has seen people younger than herself get houses and units and then misuse the space, but elders were never given places to stay. Transparency in government in terms of housing allocation is dead. She had a friend who was physically impaired and used a wheelchair and used to travel with him to attend meetings. A month after her friend was allocated the room, her friend died, which shows that the beneficiaries of the 1996/1997 waiting list will die homeless and living on the streets.

The Chairperson explained that the Portfolio Committee only received their petition in 2017 and the Committee is grateful that she shared the experience that the residents have, and assured her that they will remain in contact with her and will update her as well as petitioners on the progress. She asked that they allow the department two to three months to do the work that they say they will perform.

Petitions from the residents of Soweto, Orlando, Diepkloof, Meadowlands, Dube and Mzimhlophe
The Chairperson explained to the Committee that the petition from the residents of the Meadowlands hostel was the same as the petition from residents of Soweto (Orlando, Diepkloof, Meadowlands, Dube and Mzimhlophe) which is calling for assistance to determine the delay in providing state-subsidised housing in the areas in question and to obtain an update from the Department of Human Settlements on progress with applications made in 1996-97. The Committee had simultaneously dealt with the petitions and pleaded with the Department to communicate with the petitioners.

Rev N Ngakane, representing petitioners from residents of Johannesburg Central, said she represented people of the same age as herself, elderly residents of Johannesburg who have been through hard times and are still in murky waters. South Africa is a nation that respects elders but the new government just dumps them. Some of these elders have been in exile and did not have the luxury that some did while in exile and when they returned to South Africa. She found it very painful when she went to Luthuli Offices and was referred somewhere else when she did not have the luxury of a car and had to use her grocery money to travel, and pleaded with the department to have a heart. She received a letter that informed her that she qualifies for a home because of her age but she still has not been allocated a house. The Chairperson made a copy of the letter.

The Chairperson said the Committee had taken note of the concerns that Rev Ngakane raised and will monitor the City of Johannesburg as well as the department’s progress. She has made a copy of the letter she received that informed her of her qualification to get a home and will also follow up on it.

Ms T Baker (DA) asked when the means test will be done and to possibly be given a timeframe.
 

Phomolong Wards 12 and 13, Ekurhuleni Metropolitan Municipality
The petition from backyard dwellers of Phomolong Wards 12 and 13, Ekurhuleni Metropolitan Municipality was submitted by Mr Waters. The petition called for assistance in acquiring social housing.
The HOD from the Gauteng department explained that the department held a meeting with the petitioners after receipt of the petition to inform the backyard dwellers that the department has hired a service provider to conduct an occupancy survey. The service provider was then introduced to the community so that community members might get familiar with the provider. Another meeting was then held in October 2015 which was led by the MMC from Ekurhuleni, where findings of the survey conducted by the service provider were presented.

The survey confirmed that there were problems with the services in wards 12 and 13. A qualifying test was then performed with the backyard dwellers where a proposal of developments was established afterwards. The first development would have been at Birchleigh North, which would have consisted of 1440 rental housing opportunities. The community of Birchleigh objected to the development plans, which then resulted in a delay. Another project was identified which was Clayville extension 45 Phase one, which would consist of 1420 rental housing opportunities.

The Chairperson mentioned that the issue of backyard dwellers is not exclusive to Gauteng or Phomolong but is a national issue. During housing allocations, the people who are usually allocated government homes are people who live in shacks and backyard dwellers are neglected and these are people who actually follow the law and pay rent regardless of the abuse they receive from their landlords. Backyard dwellers will never get housing because government focuses on shack dwellers who are actually land invaders.

The representative from backyard dwellers petition expressed that it is rather difficult to raise a family in a backyard home and that he has had to send his 16-year-old son to live with his grandmother in the Eastern Cape as the son was now too old and the there was no privacy in the room they live in. In the Eastern Cape, his child does not have anyone to guide him and advise him which might lead to his son getting involved in drugs. In some instances, dwellers die in these rooms and because the dwellers have no house, the cleansing ceremonies usually performed after someone has passed are performed in the backyard spaces they rent. Backyard dwellers are not asking for free houses but are prepared to pay rent. They are aware that some of them do not qualify for RDP houses as they earn more than R3500, but they also do not qualify for a bond.

The Chairperson said when officials set a specific timeframe and experience a delay it is the responsibility of the officials to go to petitioners to explain the current status of the project. If a project is delaying, everyone needs to be aware of the delay.

Discussion
Ms L Mnganga-Gcabashe (ANC) (spoken in isiZulu 1:26:55) It is the Metro’s responsibility to ensure that petitioners are informed of developments made on the projects at least on a monthly basis. No project develops in a community without the knowledge of the members of that particular community. The councillor of the area needs to be aware and have the ward councillor report to the community. She emphasised that the point that the municipality should take it upon itself to ensure that the community is aware of developments.

Mr M Shelembe (IFP) said the issue is that things are dealt with retrospectively and by then the damage is already done and there seems to have been an operational loophole because had communication existed the Committee would have saved all the expenses used up to convene the meeting. The high-level responses brought forward by the officials should not be presented because officials are in Parliament; petitioners should receive a sincere response so as to avoid having meetings of this nature.

Ms Baker requested the Gauteng department to attach a waiting list for the backyard dwellers, allocations and the current status of the project when the officials produce quarterly reports to National Department of Human Settlements.

The HOD explained that housing developments are complex and so one cannot go on site, start building and finish in a space of two to three months as there are planning procedures before a structure is put in place, ensuring there is water and electricity in the area. The construction will begin in 2018-2019 once the planning process commences. The fact that the completion of the project will be in 2021-2022 does not mean that people will be allocated and will occupy the units in 2022 but the developments will be done in phases such as having the construction company build 100 units in three months. The department will visit the various communities and produce a waiting list so that the community is aware of which house has been allocated to whom, because the department plans to be transparent.

The HOD said residents of Birchleigh North objected to the project because they felt that the project and new developments would decrease the value of their homes and this is an issue that the department often encounters.

Community of Villa Liza informal settlements, Ekurhuleni, Ward 99
The issue of the petition from the community of Villa Liza informal settlements, Ekurhuleni, Ward 99, calling on the National Assembly to address the allocation of RDP houses in ward 99 and the publication of the list of beneficiaries was addressed. The Gauteng department dealt with the issue together with the petitioners when the department was reported to the Public Protector by the petitioners. There were allegations of mismanagement in the allocation of the houses and the allegation that houses are being given to foreign nationals.

The HOD assured the Committee that the department followed the policy when allocating houses but acknowledged that they do grant houses to beneficiaries when officials believe that they are rightful beneficiaries. The department does inform beneficiaries to not give the houses away without seeking permission from the department, and also not to sell the houses before living in the house for eight years. Communities are encouraged to inform the department when beneficiaries sell houses.

The representative from the Villa Liza Community, Mr Kani, agreed that a meeting was held with the Public Protector in October 2016. The community does not receive any assistance from government and there is a lot of corruption and misallocation of houses. He said all that is contained in the petition is true.

The Chairperson explained to the petitioner that in most instances issues that come up in residential areas such as Villa Liza are usually caused by the residents or beneficiaries that sell their houses to foreign nationals or new people and people not on the beneficiaries list. Some people who are unemployed tend to sell their homes to other people at a value that is cheaper than the value used to construct the house. It is important and mandatory for the government to go out and educate beneficiaries of RDP houses on the rules regarding occupancy of the houses so as to avoid issues of selling and renting spaces out.

The Chairperson expressed that it is no use vandalising the houses that have already been built just because residents are frustrated and demand attention from government because the damage done costs a lot of money and further delays the opportunity to occupy the RDP house. The government and beneficiaries need to work together in order to ensure that service delivery is achieved.

Mr Kani said what has been happening in Villa Liza has been painful because to date we have had serious cases which have been opened because of the allocation of Reconstruction and Development Programme houses in ward 99 and the publication of the list of beneficiaries. People had left Villa Liza because of the debacle with DHS. We had referred our case to the Public Protector but it was dropped in May 2016. The community opened cases but they got dropped just after. There had been one where there had been a daylight shooting amongst residents over housing allocation. We had reported that case to the highest echelons of government in the North West province but it has to date stalled.

The Chairperson interrupted to ask what kind of action Mr Kani wanted because the fact that he is present at the meeting shows that government is taking action towards solving the matter and so he cannot say that no action was done. She asked the petitioner to allow for the matter to be dealt with by the Committee and not expect the matter to be solved in one day.

Mr Kani said his plea was that when he returned to the residents of Villa Liza it be apparent that he had come to Parliament and had stated their case because in their province no assistance had come from government. He said the comittee could even oversight visit that community to see what service delivery deliverables had been given them since 1994.

The Chairperson reiterated that the committee be allowed time to deal with the Villa Liza matter.

Discussion
Ms V Bam-Mugwanya (ANC) commented that the question of corruption seems to be quite universal. She asked what action the department has taken knowing that the issue had been presented to the Public Protector, and what was the Public Protector’s response. She further asked what response the department gave.

Ms L Mnganga-Gcabashe (ANC) expressed that corruption in the allocation of houses is not only in Gauteng but in all other areas of the country and at times the issue is made to seem complicated when it is actually not. All the Committee needs to do is ask for proof that there is corruption going on, if there are beneficiaries with more than one house, provide evidence of this allegation and then the Committee will instruct the department to take necessary measures.


Petition from residents of Struisbult, Ekurhuleni Metropolitan Municipality, Gauteng
The HOD responded to the petition from residents of Struisbult, Ekurhuleni Metropolitan Municipality, Gauteng calling for the eradication of their informal settlements and improved service delivery in respect of housing. The issue that the residents from Struisbult had was that they were promised to be relocated in 2015 and the problem is that the farm that the residents are occupying belongs to African Mines and Ekurhuleni Municipality. The site also has slimes and dolomite and after a feasibility study was performed it was discovered that the site cannot be upgraded. The Department has managed to relocate the residents to the Brakpan Major Project now called Daggafontein. An alternative site has been identified and designs and engineering processes have already begun and the Municipality has already budgeted for infrastructure for 2018-2019.

The Chairperson explained to the Chairman of the Springs CPF, Mr Mike Du Toit, that the site that he was representing at the meeting cannot be upgraded because of the problems explained by the HOD and the fact that is not owned by the government but the residents will be relocated to an alternative location called Daggafontein, but this will of course take time.

Mr Mike Du Toit explained that the initiators of the petition came from the area of Struisbult which is a suburb of Springs and their concern was that the informal settlement was growing and not stopping. While Community Police Forum (CPF) meetings were held with various communities, there would be a problem of lack of service delivery. Behind crime you always find lack of service delivery, which has turned into a major issue for the CPF, and residents of the area would raise the issue every single month. The latest estimate of the settlement is 6000 and continues to grow. Importantly, of the 6000 people about 2000 were foreigners and it is the foreign component that is growing and the issue is the same in some informal settlements at Springs, and this is caused by the mine labour. He asked what the Committee intends to do about the number of settlers that seems to be growing and appears to be settlers mostly from Lesotho, as they appear to be into mining. He did not see how the department plans to uplift those people because they cannot accommodate 6000 people in 350 houses.

The Chairperson mentioned that he is raising an issue that is a national problem and needs to be discussed with other Committees such as Police and Home Affairs.

Discussion
Ms Bam-Mugwanya asked what the department does after they find out that one of the beneficiaries of the RDP houses has sold their house to a foreign national. Do they become complacent or do they take up the matter, because the residents have violated South Africa’s laws?

Ms Nkadimeng commended the HOD and the department on the work that they have done. She asked Mr Du Toit if their concerns are the loss of value of the houses in the suburbs or if the petition is really in the interests of the informal settlement dwellers, because the department has explained progress is being made.

Petition from residents of Friendship Town
The Chairperson spoke on the petition from residents of Friendship Town, calling for an investigation into the sale of Komati, Lethabong and Indlovu Flats to private companies. She invited Mr Dumisani Ndubane, a representative of the Friendship Town residents, to attend the meeting so that he did not think that the matter is not being looked into. The fact of the matter is that the issue began before Ekurhuleni became a metro and the issue took place when it was still Lethabong Municipality. The investigation is in progress

The HOD noted the comment and thought it proper to grant the Department time to look into the process.

The Chairperson mentioned that the petitioners now have access to Parliament and can communicate with Parliament. She assured the petitioners that the Committee will communicate with them and keep them in the loop. The work done at the meeting is a reminder of the real work that Parliament is supposed to do which is interact with people on the ground.

Adoption of minutes
The Committee adopted the minutes of 28 February 2017.

The meeting was adjourned.