REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
450.
The Social Housing Act, 2008236establishes and promotes a sustainable social housing
environment, provide for the establishment of the Social Housing Regulatory Authority
in order to regulate all social housing institutions or housing obtained through public
funds and allow for the undertaking of approve project by other delivery agents with the
benefits of public money. Social housing means a rental or co-operative housing option
for low to medium income households, and the social housing institution is accredited
institution to carry out the business of providing social housing.
451.
The Department of Human Settlements has taken significant steps in addressing the
inequalities that existed in the past as a result of race and gender discrimination. Various
regulatory measures have been put in place to encourage financial institutions to extend
credit to historically disadvantaged groups. One of these measures was the Home Loan
and Mortgage Disclosure Act, 2000237which sought to encourage financial institutions to
provide credit to help historically disadvantaged persons to acquire housing. The Housing
Consumers Protection Act Measures Act, 1998238 was amended during the period under
review, in 2007,239 and provides for the protection of housing consumers and the
establishment and functions of the National Home Builders Registration Council.
452.
The National Housing Code, 2009 sets the underlying policy principles, guidelines and
norms and standards which apply to Government’s various housing assistance
programmes introduced since 1994 and updated. The purpose of this guide is to provide
an easy to understand overview of the various housing subsidy instruments available to
assist low income households to access adequate housing. The detailed description of the
policy principles, guidelines, qualification criteria and norms and standards are available
in the National Housing Code.
453.
The Community Schemes Ombud Service was established in terms of the Community
Scheme Ombud Service Act, 2011.240 The CSOS regulates the conduct of parties within
community schemes and ensures their good governance. A community scheme is an
arrangement where the use and responsibility for parts of land and buildings is shared
including sectional titles development schemes, share block companies, home or
property owners associations, housing schemes for retired persons and housing cooperatives. Any person in a community scheme may make an application to the CSOS if
such a person is a party to or is materially affected by a dispute.
454.
South Africa has also put in place policies that increase historically disadvantaged groups’
access to credit to ensure that they are empowered economically. In addressing the
needs of the poor for housing and shelter, the Rural Housing Loan Fund has been
established to provide loans through intermediaries to low-income households for
incremental housing purposes. Incremental housing is a people-driven process that seeks
to empower low-income families in rural areas to access credit, to improve their homes
236
Act No. 16 of 2008
Act No. 63 of 2000
238
Act No. 27 of 1999
239
As amended by Act No. 17 of 2007
240
Act No. 9 of 2011
237
124