Thesis (MA (Geography and Environmental Studies)--University of Stellenbosch, 2010. / ENGLISH ABSTRACT: In 2004, the then Department of Housing’s Breaking New Ground (BNG) policy introduced a compilation of principles that underlie a sustainable human settlement. The principles were aimed at guiding, amongst others, municipal officials in the decisions they take when faced with a housing development project. This thesis will set out to determine how municipal officials have taken up BNG’s principles for sustainable housing settlements as well as the perceptions, methods of implementation and degree of acceptance that housing and town planning managers have of BNG. In the study, the perceived relevance that these managers have of BNG within their non-metropolitan towns is explored using five of the fifteen leader towns of the Western Cape Province. This research has shown that BNG considers the compact urban form, coupled to other development considerations, as the most sustainable for South Africa. In terms of building sustainable human settlements: the low-income housing unit has evolved substantially since its conception, and that the current unit is held in far higher regard (by both municipalities and beneficiaries) than its predecessors. The design of this unit remains standardised due to a lack of funding for a more flexible design, but its structure allows for additions to be made at the cost of the beneficiary. Funding thus remains a major constraint to housing delivery. Municipalities feel that they are able to implement BNG, but that there are certain shortcomings in the document which prevent its full implementation. One of these shortcomings is the lack of an external funding mechanism for housing delivery, proposed in BNG, but never having materialised. Further, BNG focuses more on the metropolitan scenario and is not always relevant to non-metropolitan towns. Almost all of the municipalities have initiated inner city regeneration projects, but fewer have included the provision of social housing as part of their inner city rejuvenation. Subsidy housing is the most implemented housing typology, but these units often experience decay due to the absence of original owners who have (mostly illegally) sold or rented out their units. The one-erf-one-unit nature of subsidy housing is not seen as sustainable owing to space limitation experienced by most of the municipalities interviewed. Contrary to earlier research, in situ upgrading is a common occurrence in municipalities. However, there is a great need for stronger regional (or broader scale) planning regarding housing delivery. Low-income housing is strongly influenced by politics – a fact which municipalities say negatively influences housing delivery. Migration also poses a serious threat to municipal backlogs. Currently, the fight against an escalating demand for low-cost housing is a losing battle as the rate at which government is rolling out housing is vastly ineffectual. Municipalities deem that large-scale projects like the N2 Gateway might be a solution to their housing backlogs which, they concur, are at crisis point. However, municipalities indicated that their implementation of large scale projects will not follow the same path as the N2 Gateway – the planning of which is seen to be substandard. Currently, urban integration takes place on an income basis and not due to racial division. Inclusionary housing is seen as a relevant tool for the promotion of integration, but cannot be enforced to its full potential due to a lack of supporting legislation.

MPM / Oliver Tambo Institute of Governance and Policy Studies / Among the rights in the Bill of Rights contained in the South African Constitution is the right to access to adequate housing. This right is bound up with other rights in the Constitution, including the right to have their human dignity respected, and the right to water and health care. The right to adequate housing is also comprised in several international human rights declarations, including the Universal Declaration of Human Rights by the United Nations. However, the right to access to adequate housing involves more than just a shelter, but includes a number of other elements such as security of tenure and access to basic services and facilities. Housing must be affordable and accessible. It must be safe and habitable and be socially acceptable. Furthermore, adequate housing is well located with respect to economic and other opportunities. The provision of housing and basic services has been the focus of the ANC-led government since 1994 and a major portion of municipal resources has been dedicated to providing water and sanitation to mainly the poorest families, while over 1,5 million state-subsidized homes have been delivered. While the scale of delivery has been inspiring, has it really impacted on the lives of people in remote communities? A qualitative research design was utilised in this study as it was considered the most appropriate method to gather data and answer the research questions. In this study, data were gathered using unstructured in-depth interviews and focused group discussions. As part of the major findings, this research has revealed that the municipality does not have a housing provision policy though is building RDP houses with the support of a provincial government in line with the Housing Act. Through the provision of these low cost houses, the municipality has overcome many housing delivery challenges and that it has to date worked as a good governance strategy to attract the poor. Research conducted in the Musina Municipality in the Limpopo Province regarding the realization of the right to access adequate housing reveals that the right to adequate housing has, at best, only been partly realized as part of the major findings. In addition to interviews with office bearers and municipal officials, 120 households were interviewed (of which half were from self-built houses and half were residing in ‘RDP’ houses) concerning their understanding and experience of the right to access to adequate housing in the municipality. The study discloses v that the structures do not meet the criteria for adequate housing and the provision of water and sanitation remains a challenge in some rural areas. Access to health and education facilities is poor, due to the low densities and vast distances between settlements. This research recommends a plethora of good initiatives which could be seen as a way forward towards an improved adequate housing delivery mechanism which is also regulated. A need for mixed use integrated housing delivery through formal settlements is recommended in order to maximize the available financial resources and to also strengthen the intergovernmental relations through multi-stakeholder support. / NRF

South Africa has a social housing delivery problem, where, despite all mechanisms, efforts and resources (including policies, enabling legislation and social housing production inputs such as planning regimes, guidelines and strategies, funding, land, buildings and human resources put in place by the government), the pace of social housing delivery is not at a point where it is measurably satisfactory across all spheres of government. There exists between the three spheres of government an intergovernmental relations framework for implementing social housing policy. The performance of government shows a lack of institutionalized arrangements, coordination, and alignment in the day to-day operations of the three spheres of government in implementing social housing policy. It is for this reason that this study assessed the current intergovernmental relations operational system in the delivery of social housing units in Gauteng Province. A mixed-methods research approach was implemented for this study based in methodological pragmatism, phenomenology, and positivism. The researcher conducted interviews with senior managers and administered research questionnaires with operational staff within the National, Provincial and Local spheres of government which included City of Tshwane, City of Johannesburg and Ekurhuleni Metropolitan municipalities in Human Settlements Departments, state agencies involved in the delivery of social housing units such as the Social Housing Regulatory Authority and municipal entities such as the Housing Company Tshwane, the Johannesburg Social Housing Company and the Ekurhuleni Social Housing Company. Private and non-governmental social housing institutions, such as the Yeast City Housing and Mannapendlo Social Housing Organisation were also included. The data were complemented by documentary content analysis, including review of annual reports, strategic human settlements plans, policies and legislation pertaining to the provision of housing, human settlements, and social housing. This study assessed the functioning of the three spheres of government in relation to the implementation of social housing policy in Gauteng Province. The three spheres of government are regarded as equally important institutions for the development of sustainable human settlements, and a sound relation between the three spheres of government must be maintained in order to achieve successful development and management of social housing. The research found evidence of poor coordination and alignment, and no integration of social housing related activities and functions between the three spheres of government. There are major risks, such as financial risk, financial planning, and project implementation risks experienced at local government level. The study identified challenges faced by the three spheres of government and state agencies in the implementation of social housing policy in Gauteng Province. The challenges included slow release of land for social housing development, uncoordinated and unplanned social housing delivery in the province. In addition, the study identified other input factors that impact negatively on the supply of social housing units which cut across all spheres of government such as political mandates, legislation, policies, strategies, plans, targets, priorities, information technology and administrative and financial constraints. The study presented and recommended social housing delivery model for Gauteng Province. The proposed model has the probability of providing an understanding of the relations between government departments, state agencies, social housing institutions, intergovernmental relations structures at national, provincial and local government level, non-governmental organizations, and community based organizations, so as to ensure there is vertical and horizontal alignment to improve and fast track the delivery of social housing in Gauteng Province. / Public Administration and Management / D. Phil (Public Administration)

This study was done in the rural areas of uThukela District in KwaZulu-Natal. The objectives were to determine pig production and management practices used by farmers in rearing pigs in rural areas; to establish the role of pigs in social and economic lives of the people; and to characterize and determine constrains and opportunities of pig farming in rural areas. A farming systems approach was used in conjunction with a cross-sectional survey method using a structured questionnaire in face-to-face interviews with farmers for the collection of data. The study involved 4 local rural municipalities with a population of 4205 people who owned 2555 pigs. The sample size was 533 pig farmers/respondents. The data included the demographic characteristics of pig farmers, pig production and management practices, the role of pigs in both the social and economic lives of people and the constraints and opportunities of pig farming. The data were analyzed to determine simple means and frequencies. The results showed that 20% of pigs were reared in intensive systems and 80% in extensive systems in the district. Each village owned an average of 5 pigs. There were more female respondents (60%) than males, and also female respondents owned more (65%) pigs than males. Most of respondents (99%) were Zulu speaking people and only 1% was from other cultural groups. Majority of the respondents (74%) were unemployed, 16% were pensioners and only 10% were employed. Those who were employed kept more pigs than the other groups. Over one third of the respondents had primary (34.5%) and secondary (35.3%) education; and 2.7% had college education, while 27.5% had no formal education at all. Sixty-two percent of the older respondents between the age of 46 and 65 years kept more pigs than younger farmers. The collective incomes of the communities from salaries, pensions, and sales of livestock and crops per annum were substantial. The average land size per household ranged from 0.01 ha to 56 ha. Male respondents owned more land (1.68 ha) than female respondents (0.96 ha). Similarly, employed people owned more land (2.49 ha) than pensioners (1.26 ha) and the unemployed people (1.04 ha). Respondents kept other livestock species such as cattle, sheep, goats and chickens. Ninety percent of households kept chickens in addition to cattle (53%) and goats (49.3%). They also grew crops such as maize, potatoes, vegetables (cabbage, spinach, tomatoes, carrots, beetroots and onions) and fruits (peaches, apples and grapes). They kept pigs for home consumption (63%), source of income (33%), source of manure (3%) and for other reasons (1%). More employed people (68%) sold pigs for extra income, while 91% pensioners and 81% unemployed people used pigs for home consumption. Marketing channels included pension pay points, abattoirs, butcheries and neighbourhoods. Abattoir sales accounted for 10% and the most common venues were Amblecyte (40%) and Cato Ridge (27%). Selling of pigs occurred throughout the year, with the peak in winter (May/July). Majority of farmers (59%) used their own transport to deliver pigs to the selling points or they used contractors (41%). Pigs were sold at the age of 5 to 18 months old. Farmers sold live pigs and pork to the communities. Some farmers sold live pigs only, while others sold pork only or both pork and live pigs. Religion and culture had little influence on pig farming. Most farmers (88%) had no religious or cultural influences, while 7% were influenced by religion and 1% was influenced by culture. The most preferred meat among the communities was chicken meat, followed by beef, pork, mutton and chevon. Half of the respondents had >6 years of experience in pig farming, 34.9% had 2 – 5 years of experience and 14.8% were beginners. The breeds of pigs kept in the district included indigenous breeds, Large White, Landrace, Duroc and crosses of indigenous breeds with Large White and Landrace. Farmers bought breeding stock within their communities or they selected breeding stock from their own herds. Very few farmers have ever received any type of training in pig farming. The training was provided by the KZN Provincial Government, Zakhe Agricultural College and private farms. The training took 2-3 days of workshops, 2-3 weeks of short courses or 3-6 months of hands-on training on private farms. The training improved the performance of sows within the communities. Only 41% of farmers practised controlled stock breeding, which improved the farrowing rate and litter size. About one third (32%) of farmers bred their gilts at 6 – 8 months, while 21.2% bred them at 8-12 months, and 29% bred them after 12 months. The farrowing rate of indigenous sows was one litter per annum compared with the majority of Landrace and Duroc sows that farrowed twice a year. Some farmers (28%) reported that they routinely observed farrowing, while 72% of them said they never knew when the sows farrowed until they saw sows and new litters coming back to their pens after grazing in the veld. The litter sizes varied from ≤ 7 to ≥ 10. Half of the indigenous sows farrowed ≤ 7 piglets per litter, while 41% had 8-10 piglets; compared with 49% Large White and 44% Duroc that farrowed 8-10 and ≥ 10 per litter, respectively. Majority of farmers (66.1%) did not wean their piglets at all, which was associated with low farrowing rate. However, farmers who sold weaners for income weaned their piglets between 3 weeks and 3 months. This was associated with higher farrowing rate of sows. Piglet mortality was mainly due to worm infestation (26%), loss of hair (13%), lice and mange infestation (16.4%) and diarrhoea (5.6%). Despite that only 10% of farmers consulted the local Department of Veterinary Services. Some farmers (44.2%) said that they did not know that they could make use of Veterinary services, and 28% of them said it was a waste of time. Majority of farmers (80%) used home kitchen swill and brewer’s grains to feed their pigs. Only 16% of farmers bought commercial feeds and 2% fed them on maize grains and vegetables. Commercial feeds were bought from Farm Save (48%), Afgri (19%) and Epol (7%). Some farmers (65.4%) weighed feed before feeding, while 35% did not weigh feed at all. Water was provided at feeding time, ad libitum or several times a day. Farmers disposed of carcasses by eating them, feeding to their dogs, or throwing them away. Over half of the farmers (52%) did not take carcasses for post mortem, while 26% did not know that they could send carcasses for post mortem and 20% said they could not afford the cost. The study concluded that pigs have a vital social and economic role in the lives of the rural people of KZN for income generation and household consumption. The main constraints are wide spread poverty and lack of management skills in pig production, nutrition, health,housing and management. Government intervention is necessary to help farmers to improve pig production and management as a means of poverty alleviation and household food security. / Agriculture and  Animal Health / M.Sc. (Agriculture)

Thesis (LLD (Public Law))--University of Stellenbosch, 2010. / Bibliography / ABSTRACT ENGLISH: The dissertation considers the tenure rights of urban residential tenants in the post-1994 constitutional dispensation. The 1996 Constitution mandates tenure reform in two instances. Firstly, section 25(6) (read with section 25(9)) mandates the legislature to enact legislation that would provide legally secure tenure rights for a person or community whose tenure of land is insecure as a result of past racially discriminatory laws or practices. This form of tenure reform is race-based. Secondly, section 26(3) mandates the courts to consider all relevant circumstances during eviction proceedings. In terms of this provision the court can refuse to grant the eviction order on the basis of the occupier's socio-economic weakness, which is a more general form of class-related tenure reform. The Constitution also ensures the right to have access to adequate housing, while the legislature must introduce measures that would give effect to this right (sections 26(1) and 26(2)). To determine whether the current landlord-tenant regime in South Africa is able to provide tenants with secure occupation rights and access to rental housing, it is compared to landlord-tenant regimes in pre-1994 South Africa, the United Kingdom, New York State and Germany. The landlord-tenant regimes are considered in light of changing socio-economic circumstances where the state had to assist households during housing shortages. The dissertation assesses the efficiency of landlord-tenant law, combined with regulatory measures that ensure substantive tenure rights and rent restrictions, as a form of tenure that could help alleviate housing shortages and initiate a new landlord-tenant regime for South Africa that would give effect to the Constitution. The dissertation concludes that the current substantive tenure rights of urban residential tenants are largely based on the common law, which is associated with weak tenure security. The landlord-tenant laws, namely the Rental Housing Act 50 of 1999 and the Social Housing Act 16 of 2008, fail to provide urban residential tenants with substantive tenure rights. The legislature has failed to enact a law that gives effect to section 25(6) in the landlord-tenant framework. The legislature did enact the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) in order to give effect to section 26(3). Recently the courts interpreted PIE to provide marginalized tenants with substantive tenure protection during eviction proceedings. However, to give effect to section 25(6) legislation should grant residential tenants substantive tenure rights that are legally secure prior to eviction. The legislature enacted the Rental Housing Act and the Social Housing Act to give effect to the right to housing (section 26 of the Constitution) in the landlord-tenant framework. These laws fail to promote access to rental housing as a form of tenure that could help alleviate housing shortages. / AFRIKAANSE OPSOMMING: Die proefskrif oorweeg die okkupasieregte van stedelike residensiële huurders in die post-1994 konstitusionele bedeling. Die 1996 Grondwet bepaal dat okkupasieregte in twee gevalle hervorm moet word. Eerstens gee artikel 25(6) (gelees met artikel 25(9)) opdrag aan die wetgewer om wetgewing te verorden wat okkupasieregte met verblyfsekerheid aan 'n person of gemeenskap sal verleen indien so 'n person of gemeenskap tans grond okkupeer met okkupasieregte wat onseker is as gevolg van vorige rasgebaseerde wetgewing. Hierdie tipe hervorming is rasgebaseer. Tweedens gee artikel 26(3) opdrag aan die howe om alle relevante faktore te oorweeg as deel van enige uitsettingsprosedure. In terme van hierdie bepaling is die howe gemagtig om 'n uitsettingsbevel te weier op die basis van die okkupeerder se sosio-ekonomiese kwesbaarheid. Hierdie tipe hervorming is 'n meer algemene klasgebaseerde hervorming. Artikel 26(1) (gelees met artikel 26(2)) van die Grondwet bepaal dat elkeen die reg op toegang tot geskikte behuising het, terwyl die staat redelike wetgewende en ander maatreëls moet tref om hierdie reg te verwesenlik. Ten einde te bepaal of die huidige huurbehuisingstelsel in Suid-Afrika voldoende is, met inagneming van die stelsel se vermoë om huurders te voorsien van okkupasieregte met verblyfsekerheid en van toegang tot huurbehuising, word dit vergelyk met die huurbehuisingstelsels in Suid Afrika voor 1994, die Verenigde Koninkryk, New York Staat en Duitsland. Hierdie huurbehuisingstelsels word bespreek met inagneming van veranderinge in die sosio-ekonomiese omstandighede waartydens die staat gedurende behuisingstekorte huishoudings moes ondersteun. Die doeltreffendheid van huurbehuising word beoordeel met verwysing na regulasies wat substantiewe okkupasieregte verseker en beperkings plaas op huurpryse om 'n vorm van verblyfreg daar te stel wat die behuisingstekort kan verminder ten einde 'n nuwe huurbehuisingstelsel vir Suid-Afrika te inisieër wat gevolg aan die Grondwet sal gee. Die proefskrif lei tot die gevolgtrekking dat die huidige substantiewe okkupasieregte van stedelike residensiële huurders grotendeels op die gemenereg gebaseer is. Die gemenereg maak nie voorsiening vir sterk substantiewe okkupasieregte nie. Die huidige huurbehuisingswetgewing, naamlik die Wet op Huurbehuising 50 van 1999 en die Wet op Maatskaplike Behuising 16 van 2008, slaag nie daarin om substantiewe okkupasieregte vir stedelike residensiële huurders te voorsien nie. Die wetgewer het nie daarin geslaag om 'n wet te promulgeer wat in die huurbehuisingsraamwerk aan artikel 25(6) effek gee nie. Die wetgewer het wel die Wet op die Voorkoming van Onwettige Uitsetting en Onregmatige Besetting van Grond 19 van 1998 verorden om effek te gee aan artikel 26(3) van die Grondwet. Hierdie Wet is onlangs so deur die howe geïnterpreteer dat dit kwesbare huurders tydens uitsettingsprosedures met substantiewe okkupasieregte beskerm. Om aan artikel 25(6) te voldoen moet wetgewing egter substantiewe okkupasieregte met verblyfsekerheid aan residensiële huurders verskaf voordat hulle uitgesit word. Die wetgewer het die Wet op Huurbehuising en die Wet op Maatskaplike Behuising verorden ten einde effek aan die reg op behuising (artikel 26 van die Grondwet) in die gebied van huurbehuising te gee. Geeneen van hierdie wette slaag daarin om toegang tot behuising, en veral huurbehuising as 'n vorm van okkupasie, te bevorder ten einde die behuisingtekort te verminder nie.

Thesis (MAdmin)--Stellenbosch University, 2000. / ENGLISH ABSTRACT: This thesis attempts to provide alternative solutions to housing and developmental problems faced by the government in South Africa's urban/metropolitan areas in general and in Khayelitsha in particular. The root causes of the problems have been identified and linked to urbanisation-related government policies of the past. The Group Areas "urban model of development" influenced the planning, management and development (spatial policies) in the urban/metropolitan areas. The rural-urban migration process through the migrant labour system during the industrialisation period was engineered by the "Corporate State" and consolidated by the introduction of tax systems and laws regulating land ownership by the African people (Natives). These have impoverished the African people both in rural and urban/metropolitan areas. The existing gap in development between rural and urban/metropolitan areas, in particular in the peri-urban areas, is evident in persistent poverty and unemployment as effects of the conditions which generate increased migration. In this context, Khayelitsha is used as a case study to illustrate study variables (urban policies and management, rapid urbanisation and their impact on housing and development) at grassroots level. Comparison is made undertaken between South African housing and developmental problems and those of other developing countries. Tanzania and Zimbabwe as African countries and former British Colonies (African connection) have been chosen for this purpose. Data were gathered through questionnaires, interviews and participatory observation. This makes the study objective, but also subjective. The research concludes that there is a need to devote more resources to rural development programmes accompanied by decentralisation strategies. This will help to reduce the gap between rural and urban development. It is hoped that the information contained in this thesis will provide a basic background to meet the social and economic challenges by addressing housing and developmental problems, in Khayelitsha in particular and South Africa in general. / AFRIKAANSE OPSOMMING: In hierdie tesis word daar gepoog om moontlike oplossings te vind vir die behuisings en ontwikkelingsprobleme wat deur die Suid-Afrikaanse regering en stedelike/metropolitaanse gebiede oor die algemeen en Khayelitsha in die besonder ondervind word. Die kernoorsake van die probleme word geïdentifiseer en verbind aan die vorige regering se verstedelikingsbeleide. Beplanning, bestuur en ontwikkeling (ruimtelike beleide) in die stedelike/metropolitaanse gebiede is beïnvloed deur die Groepsgebiede-model vir stedelike ontwikkeling. Die landelike-stedelike migrasieproses, geïnisieer deur die trekarbeidstelsel gedurende die industrialiseringsera, is deur die "Korporatiewe Staat" bewerkstellig en gekonsolideer deur die instelling van belastingstelsels en wette ter regulering van grondbesit deur swart mense. Dit het gelei tot die verarming van swart mense in landelike en stedelike/metropolitaanse gebiede. Die bestaande gaping in ontwikkeling tussen landelike en stedelike gebiede, in die besonder in buitestedelike gebiede, blyk duidelik uit gevestigde armoede en werkloosheid as uitvloeisels van die omstandighede wat tot toenemende migrasie lei. In hierdie konteks is Khayelitsha gebruik as 'n gevallestudie om die studieveranderlikes (stedelike beleide, stedelike bestuur, snelle verstedeliking en die impak daarvan op behuising en ontwikkeling) op voetsoolvlak te illustreer. Vergelykings is getref ten einde Suid-Afrikaanse behuisings- en ontwikkelingsprobleme met ander ontwikkelende lande te vergelyk. Vir die doel is Tanzanië en Zimbabwe as Afrikalande en eertydse Britse kolonies (Afrika-konneksie) gekies. Data is ingesamel deur middel van vraelyste, onderhoude en deelnemende waarneming. Dit het daartoe gelei dat die studie nie alleen objektief nie, maar ook subjektief is. Die studie kom tot die gevolgtrekking dat meer hulpbronne tesame met desentraliseringstrategieë gerig op landelike ontwikkelingsprogramme benodig word. Dit sal bydra tot vernouing van die gaping tussen landelike en stedelike ontwikkeling. Daar word derhalwe gehoop dat die inligting vervat in hierdie tesis basiese agtergrond sal verskaf om die sosiale en ekonomiese uitdagings die hoof te bied deur die bestaande behuisings - en ontwikkelingsprobleme in Khayelitsha in die besonder en Suid-Afrika oor die algemeen aan te spreek.

Thesis (LLM (Public Law))--University of Stellenbosch, 2011. / Bibliography / ENGLISH ABSTRACT: The protection of human rights is one of the main aims of international law. Since the Second World War, the United Nations and various other international organs have recognised the protection of human rights in various treaties. These treaties protect citizen.s rights against possible infringement on the side of the state. South Africa was isolated from the development that occurred in international human rights law due to the system of apartheid. When South Africa became a democracy in 1994, international law had to be made part of South African law so that South Africa could once again take its place in the international community. Therefore, the Constitution of 1996 contains various sections that deal with international law and its place within the South African legal system. In particular, section 39(1)(b) of the Constitution places an obligation on courts, tribunals and forums to consider international law in interpreting the bill of rights. With regard to section 39(1)(b), this thesis questions whether the Constitutional Court fulfils its obligation when interpreting the right to property and housing in sections 25 and 26 of the Constitution respectively. Through a discussion of Constitutional Court cases on the right to property, it is discovered that the Court does not optimally use the international law sources that are available. The Court does not reflect on the status of international law sources and confuses international law with foreign law. Therefore, the sources relating to the right to property in international and regional international law are outlined. On the basis of the available sources in international law that relate to the right to property, it is argued that there is no justification for the Court not considering the relevant international law sources. With regard to the right of access to adequate housing in section 26 of the Constitution and the case law relating to the right, the Constitutional Court is more willing to consult international law to aid its interpretation of the right. This is partly attributable to fact that the right to adequate housing is a well developed right in international law. As a result, the Court refers to a wide range of international law sources when interpreting the right of access to adequate housing. However, the Court does not indicate the status of the various international law sources it uses to interpret the right to adequate housing. Therefore, it is argued that in the instances where there are relevant international law sources available to aid the interpretation of the rights to property and adequate housing, they should be considered. In the event that the Constitutional Court uses international law sources, their status within South African law and their relevance to the rights in question should be made clear. As a result, a method for the use of international law as a guide to interpretation is proposed. / AFRIKAANSE OPSOMMING: Die beskerming van menseregte is van groot belang in internasionale reg. Na afloop van die Tweede Wêreldoorlog het verskeie internasionale agente, met die Verenigde Nasies in die voorgrond, menseregte begin erken in verskeie internasionale konvensies. Omdat Suid-Afrika die apartheidstelsel toegepas het, was die Suid-Afrikaanse reg geïsoleerd van die ontwikkeling rakende die beskerming van menseregte in internasionale reg. Met die koms van demokrasie was Suid-Afrika genoodsaak om internasionale reg deel te maak van Suid-Afrikaanse reg om te verseker dat Suid-Afrika weer die internasionale gemeenskap kon betree. Gevolglik bevat die Grondwet van 1996 verskeie artikels wat met internasionale reg handel. In besonder plaas artikel 39(1)(b) 'n verpligting op howe, tribunale en ander forums om internasionale reg te gebruik wanneer enige reg in die handves van menseregte geïnterpreteer moet word. In hierdie tesis word daar besin oor die vraag of die Grondwetlike Hof die verpligting in terme van artikel 39(1)(b) nakom wanneer die regte tot eiendom en toegang tot geskikte behuising in artikels 25 en 26 onderskeidelik geïnterpreteer word. Na 'n bespreking van die grondwetlike sake wat verband hou met die reg tot eiendom, word die gevolgtrekking gemaak dat die Grondwetlike Hof nie die verpligting in terme van artikel 39(1)(b) konsekwent nakom nie. Die Hof verwys nie na relevante internasionale of streeks- internasionale reg nie. Verder verwar die Hof internasionale reg met buitelandse reg. In die gevalle waar die Hof wel gebruik maak van internasionale reg, word die status van dié reg in die Suid-Afrikaanse regstelsel nie duidelik uiteengesit nie. Na aanleiding van die grondwetlike sake wat verband hou met die reg van toegang tot geskikte behuising, is dit duidelik dat die Grondwetlike Hof meer gewillig is om internasionale reg in ag te neem. 'n Moontlike rede hiervoor is die feit dat die reg tot behuising goed ontwikkel is in internasionale reg. Gevolglik maak die Grondwetlike Hof geredelik van internasionale reg gebruik om artikel 26 van die Grondwet te interpreteer. Nietemin, die status van die internasionale reg bronne wat die Hof wel gebruik word nie uiteengesit nie. Daarom word daar aangevoer dat indien daar internasionale reg beskikbaar is wat relevant is tot die geskil, behoort die Grondwetlike Hof sulke reg in ag te neem. Indien die Hof wel internasionale reg gebruik om die regte tot eiendom en toegang tot geskikte behuising te interpreteer, moet die status van die bronne uiteengesit word. Daarom word daar ook in die tesis 'n voorstel voorgelê hoe howe te werk moet gaan indien internasionale reg bronne geraadpleeg word.

Thesis (MPA)--Stellenbosch University, 2013. / ENGLISH ABSTRACT: The pivotal role played by public participation in a social context is often undermined by change agents or administrators of government projects. The role of public participation is documented in Chapter 10 of the Constitution (South Africa, 1996). It states that “… people`s needs must be responded to, and the public must be encouraged to participate in policy making”. Besides the Constitution (South Africa, 1996) there are also other legislative frameworks that enshrine the right to public participation. Some of these provisions are included in the White Paper on Local Government (South Africa, 1998c), the White Paper on Transforming Public Service Delivery (South Africa, 1997b), the Integrated Development Plans, and others. It has to be acknowledged that public participation is the fundamental element for the success of development projects geared towards the social upliftment of poor communities. Poor communities, by omission or commission, are often excluded from direct participation in social projects. This study was prompted by the lack of effective public participation in the RDP housing project in the Elias Motswaledi Local Municipality, where the project was used as a case study. Qualitative research methods, well-founded theories and a literature study were used to inform the study. Forty-nine (49) respondents were interviewed. By collecting and interpreting relevant data, the study was able to assess the extent of public participation that had taken place. The study then proceeded to make recommendations as to how the situation could have been handled and to formulate public participation model that would be context relevant to the area. Unfortunately, the Elias Motswaledi Local Municipality housing project is now a thing of the past and cannot be revisited. Fortunately, however, similar projects will be able to learn valuable lessons from this study in the future. Ultimately, the research illustrated that a strategy of comprehensive public participation that includes all project beneficiaries has to be well planned and well managed to promote and ensure the successful implementation of the project. / AFRIKAANSE OPSOMMING: Die rol wat deur publieke deelname gespeel moet word in die administrasie van regeringsprojekte word uit eengesit in Hoofstuk 10 van die Grondwet (Suid Afrika, 1996). Dit stipuleer da tdaar op mense se behoeftes gereageer moet word en dat die publiek aangemoedig moet word om deel te neem aan beleidsformulering. Behalwe die Grondwet (Suid Afrika, 1996) is daar ook ander wetgewende raamwerke wat die reg op publieke deelname bevestig. Sommige van hierdie bepalings is ingesluit in die Witskrif op Plaaslike Regering (Suid Afrika, 1998c), die Witskrif op Transformasie van Openbare Dienslewering (Suid Afrika, 1997b), die Geїntegreerde Ontwikkelings planne, ensovoorts. Dit moet ook erken word dat publieke deelname die basis vorm vir die sukses van ontwikkelings projekte wat gerig is op die sosiale bemagtiging van ons gemeenskappe. Openbare amptenare neem doelbewus nie altyd die belangrikheid van direkte deelname aan sosiale projekte in ag nie. Hierdie studie is juis aangespoor deur die afwesigheid van effektiewe publieke deelname in die HOP behuisings projekte in die Elias Motswaledi Munisipaliteit waar die Monsterlus HOP projek as `n gevalle studie gebruik is. Die studie maak gebruik van ‘n kwalitatiewe metode, gegronde teorie so wel as `n literatuur studie. Onderhoude is onderneem en nege-en-veertig (49) onderhoude is gevoer. Nadat die data versamel en geїnterpreteer is, het die studie die omvang van publieke deelname wat plaasgevind het geassesseer. Aanbevelings is gemaak oor hoe die oewerhede die situasie beter kon hanteer het, en ‘n publieke deelname model is geformuleer wat relevant tot die area is. Die nadeel is dat die Elias Motswaledi behuisings projek afgehandel is en uiteraard nie teruggedraai kan word nie. Die voordeel is egter dat toekomstige projekte deur die studie bevoordeel kan word. Die navorsing wys daarop dat publieke deelname strategieё wat alle rolspelers insluit, deeglik beplan en bestuur moet word, voor die aanvang van die projek sowel as gedurende die projek se implementering.

Thesis (MDF)--University of Stellenbosch, 2010. / This study is an evaluation of the feasibility of utilising project finance in a Public Private Partnership model (as one of a number of possible private public partnership models) in order to deliver social housing in the South African market by evaluating the social housing regulatory environment against the commercial requirements for implementing project finance based PPP‘s, and indentifying gaps that are acting as stumbling blocks to the mobilisation of private sector resources in this sector. The study also looked at the social housing policy and the various private public partnership procurement models currently in use in the United Kingdom, with a view to highlight best practise and lessons which could be applied within the local environment. The broader South African procurement policy environment caters for the private sector delivery of infrastructure, with a number of deals having been delivered since the late 1990‘s. The Social Housing Policy does make provision for the Minister to make pronouncement on procurement models to be used, and does foresee some form of partnership between the public and private sector in delivering affordable housing (this is also supported by policies such the Inclusionary Housing Policy). The current policy environment however does not go far enough in addressing commercial requirements, such as guarantees for rental payments, and performance monitoring instruments, such as housing inspectorates, to facilitate the implementation of housing PPP‘s. 138 pages.

Thesis (PhD (Consumer Science))--University of Stellenbosch, 2006. / In the ten years since the inclusive elections of 1994, the South African government has created an international precedent in the housing field. It is widely acknowledged that in this period it has delivered more subsidised houses than any other country in the world. The housing backlog is still between 2 to 3 million and growing every year, so housing policies for the future must continue to , not only provide subsidised housing for a large part of the population but also seeking to establish a viable market for low-cost housing units and to create sustainable human settlements for low-income groups. There are a therefore large numbers of new consumers that enter the housing market for the first time.