Articles

Department: Human Settlements

The Department of Human and Settlements  is a department that derives its mandate mainly from the Constitution of the Republic of South Africa Act (Act 108 of 1996). In terms of section 26 of the Constitution everyone has the right to have access to adequate housing (Section 26(1)). The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right (Section 26(2)). The legislation that the Department of Human Settlements has promulgated and implemented falls squarely within this Constitutional imperative.

Section 2 of the Housing Act, 1997 (Act No. 107 of 1997) compels all three spheres of government to give priority to the needs of the poor in respect of housing development (Section 2(1)(a)). In addition all three spheres of government must ensure that housing development -
provides as wide a choice of housing and tenure options as is reasonably possible;
is economically, fiscally, socially and financially affordable and sustainable.
is based on integrated development planning; and
is administered in a transparent, accountable and equitable manner, and upholds the practice of good governance (Section 2(1)(c))
Though its legislation, existing and future, and the Housing Code, the Department of Human Settlements is carrying out its legislative imperative as set out in the Housing Act, 1997.

establish and facilitate a sustainable process that provides equitable access to adequate housing or all within the context of affordability of housing and services and access to social amenities and economic opportunities.