Minister of Human Settlements misunderstands the Constitution and social justice struggles
Over the past year, the Minister of Human Settlements, Tokyo Sexwale, has been praised for his energy in tackling the housing crisis. He recently signed service delivery agreements with his nine MECS for Outcome 8 of the presidential outcomes - sustainable human settlements and improved quality of household life - and he has been very vocal on what actions will accompany these agreements, as well as the challenges faced by his department.
However, some of the Minister's recent statements (see below) point to a lack of understanding of the reasons for the emergence and existence of informal settlements and illegally occupied inner city buildings. Further, his statements about the legal framework and recent court cases show a disregard for the role of the courts in enforcing the obligations imposed by the Constitution on the state, and in advancing struggles for fundamental rights in a constitutional democracy.
The Minister has repeatedly referred to the "worrying trend" of the "legalisation of illegality" entrenched by recent court rulings. He claims these rulings have severe budgetary implications for government's housing plans. He asserts that the rise in the number of informal settlements in the country is largely as a result of "powerful court rulings in favour of illegal settlers."
On a number of occasions, he has referred to the Blue Moonlight case in which the South Gauteng High Court ordered that the City of Johannesburg pay the rent of occupiers facing eviction from a privately-owned building in the inner city. While this order may not be without problems, and appropriately therefore all of the parties are currently appealing various aspects of the order in the SCA, the Minister's approach, by contrast, implies an attack on the judiciary itself.
What the Minister apparently fails to recognise is that for millions of poor citizens (and non-citizens), informal settlements and inner city buildings are the only forms of accommodation available in the city or close to it. These forms of housing have two very important factors that state housing developments have often failed to provide - closer location to employment opportunities and affordability.