in terms of which they are requesting the court to postpone the demolitions by the Department for a period of 30 days while they are investigating any violations of human rights in the manner in which the court order is being enforced by the Department. The matter is set down for 15 November 2012 in Gauteng South High Court. Case No. 2009/1211 The matter concerns an eviction application brought by the Department against +903illegal occupants who occupied incomplete houses in Eden Park, Extension 5. The Gauteng High Court dismissed the Department’s application for eviction on 21 September 2012 on the basis that the Department allegedly failed to take the individual personal circumstances of the unlawful occupiers into consideration. City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (338/10) [2011] ZA-SCA 47 [Blue Moonlight case] The matter concerns Moonlight Properties (Pty) Ltd, the City of Johannesburg, and the unlawful occupiers of a building on Saratoga Avenue in Johannesburg South Gauteng High Court granted the eviction and ordered the occupiers to vacate the property. Case Case Description Court Judgement Residents of Joe Slovo Community, Western Cape V Thebelisha Homes, Minister of Human Settlements, MEC for Human Settlements, Western Cape, and others (CCT 22/08) [2011] the Joe Slovo residents unlawfully occupied land Western Cape High Court ruled against them thereby granting an eviction order in favour of the Minister of Local Government and Housing, Western Cape. Lwandle Evictions case no. 1114/2014 Invasion of Erf 32524, Nomzamo, Strand on the land owned by Sanral. Western Cape High Court, Cape Town under for an urgent interdict to prevent this land from being occupied. The case against the government by Grootboom and others challenged the right of adequate housing as well as the right of children in terms of Sections 26 and 28 of the Constitution, respectively. Section 26(2) imposes an obligation upon the state to take reasonable legislative and other measures to ensure the progressive realisation of this right
7.3 Risk management The following section identifies the risks with each programme and discusses five key risks that may affect the realisation of the strategic objectives stated in each programme. Risk no Goal-1 Objective Risk Identified Mitigation Measures 1 Enhanced efficiency and effectiveness of the department Promote efficient and effective administrative processes Lack of management systems and poor implementation of internal controls Implement management systems to support institutional performance in critical areas for efficiency 2 Integrated and responsive housing/human settlements sector planning and policy environment Human settlements policies and programmes developed Poor implementation of policies and programmes resulting in poor delivery Ensuring alignment of business with Annual Performance Plans and Built Environment Plans 3 Increased provision of adequate housing in quality living environments Implementation support on the delivery of adequate housing provided Slow pace of delivery and poor expenditure trends Provision of technical support to Provinces and Municipalities to delivery Misinterpretation of human settlements strategies and policies Capacity building initiatives implemented, communication of programmes strengthened Limited availability of personnel with required skills Initiate capacity building programmes to deliver on the mandate PART C: LINKS TO OTHER PLANS 8. Links to other plans The Department directly contributes to the infrastructure build programme, across the strategic integrated projects (SIPs) and reports to the progress made to the PICC. A specific intervention on mining towns is the contributor to this, the projects implemented through the Urban Settlements Grants and the partnerships created with sector departments like Water and Sanitation linked to the long term infrastructure
Name of Public Entity Mandate Output Current Budget Date of next Evaluation National Housing Finance Corporation (NHFC) Mobilise funding into human settlements space in partnership with broad range of institutions. It also provides wholesale finance and acts as a fund and risk manager. 3,200 housing opportunities facilitated through disbursements. 2,754 rental housing opportunities facilitated through disbursements. 445 affordable housing opportunities facilitated through disbursements. 19,070 housing opportunities facilitated through leveraged funds. R1.38 billion leveraged from the private sector R100,000,000 (capital grant) 1st quarter review: August 2016 2nd quarter review: November 2016 3rd quarter review: February 2017 4th quarter review: May 2017 Estate Agency Affairs Board (EAAB) Regulate, maintain and promote the standard of conduct of estate agents; issue fidelity fund certificates to qualifying applicants; prescribe the standard of education and training of estate agents; investigate complaints lodged against estate agents, manage the Estate Agents Fidelity Fund. 7% reduction of non-compliant agents and agencies inspected 400 000 radio consumers reached through radio awareness campaigns 90% of compliant estate agents operating in affordable housing markets 3 100 recruited on the one leaner one state agent programme Fidelity Fund operated to achieve aggregate growth of 5% per annum 30% increase in Estate Agencies operating in the affordable housing market - 1st quarter review: August 2016 2nd quarter review: November 2016 3rd quarter review: February 2017 4th quarter review: May 2017
Name of Public Entity Mandate Output Current Budget Date of next Evaluation Home Builders Registration Council (NHBRC) Provide housing consumers with warranty protection against defects in new and to provide protection against any failure of builders to comply with their obligations in terms of the Housing Consumer Protection Measures Act, 1998 (Act 95 of 1998). 53 994 non-subsidy by private sector enrolled 140 196 subsidy enrolled 40 700 late home enrolments approved 53 994 non-subsidy enrolled homes inspected 140 196 subsidy enrolled inspected 4 068 new homebuilder registrations approved 13 034 renewals of homebuilder registrations 1 200 homebuilders trained 2 000 youth trained 440 home inspectors trained 351 Artisans trained 900 trained 180 Military Veterans trained - 1st quarter review: August 2016 2nd quarter review: November 2016 3rd quarter review: February 2017 4th quarter review: May 2017 Housing Development Agency: (H D A) Facilitate the release of land and landed properties for human settlements development 3,000 hectares of well-located land released for human settlement development (targeting poor and middle income households). Provide 274 informal settlements with technical support. Provide technical support to 22 projects in mining towns. 50 Catalytic projects supported. 9 provinces provided with capacity support as per MTOPs and business plans. R167,512,000 (R147,512,000 operational grant and R20,000,000 for the National Upgrading Support Programme) 1st quarter review: August 2016 2nd quarter review: November 2016 3rd quarter review: February 2017 4th quarter review: May 2017
Name of Public Entity Mandate Output Current Budget Date of next Evaluation Implementation support provided to programmes and projects providing 6,912 housing Implementation support provided to programmes and projects providing 9539 serviced sites. National Urban Reconstruction and Housing Agency: (NURCHA) NURCHA’s mandate is to ensure the availability of bridging finance to medium and established contractors building low and moderate-income housing and related communities facilities and infrastructure 2,500 affordable houses built and sites serviced with NURCHA bridging finance. 12,830 subsidy houses built and sites serviced with NURCHA bridging finance. 4 infrastructure and community facility projects completed with NURCHA bridging finance. 60 contractors trained through the Contractor Finance and Development Programme. - 1st quarter review: August 2016 2nd quarter review: November 2016 3rd quarter review: February 2017 4th quarter review: May 2017 Name of Public Entity Mandate Output Current Budget Date of next Evaluation
Rural Housing Loan Fund: (RHLF) The RHLF is a development finance institution, established in August 1996 as an association not for gain. The company is mandated to empower low income households in rural areas to access housing credit. It operates as a wholesale lender and thus attains its mandate by providing loans through retail intermediaries to its target market to be utilised for incremental housing purposes. 43,187 housing disbursed 60% of loans provided to people earning R3,500 or less per month R224.9 million disbursed to retail intermediaries. 50 Rural Housing Vouchers issued. 20 Rural Housing Voucher houses completed. - 1st quarter review: August 2016 2nd quarter review: November 2016 3rd quarter review: February 2017 4th quarter review: May 2017 Social Housing Regulatory Authority: (SHRA) Regulate and support the social housing sector in order to accelerate the delivery of sustainable and financially viable social housing projects. It is responsible for the disbursement of institutional investment and capital grants to social housing institution Norms and standards for social housing developed and approved. 6 New social housing institutions accredited 50 Social housing institutions 10,000 approved for RCG award. 3,500 Social housing delivered. R500,963,000 (R36,392,000 operational grant, R40,183,000 institutional investment grant and R424,388,000 restructuring capital grant) 1st quarter review: August 2016 2nd quarter review: November 2016 3rd quarter review: February 2017 4th quarter review: May 2017 Name of Public Entity Mandate Output Current Budget Date of next Evaluation
Community Schemes Ombud Service (CSOS) To provide a dispute resolution service for community schemes, monitor and control the quality of all sectional title schemes governance documentation and to take custody of, preserve and provide public access to scheme governance documentation. 800 Conciliation settlements achieved. 200 Adjudication orders achieved at specified service levels as per the dispute resolution model. 80% of Conciliation settlement agreements concluded within 40 days. R23,920,000 1st quarter review: August 2016 2nd quarter review: November 2016 3rd quarter review: February 2017 4th quarter review: May 2017 11. Public –Private partnerships The department is partnering with the Banking Association South Africa in intervening in the housing markets through the implementation of the housing programmes catering for various households. The department also has formed strategic partnership with the Development Bank of Southern Africa in the implementation of infrastructure projects that contribute to the achievement of the human settlements mandate. Name PPP Purpose Outputs Current Value of Agreement Date when agreement expires