The aim of this study was to investigate the causes of the housing backlog in the Nelson Mandela Bay Municipality from 2000 to 2014. Fifty participants which were two ward councilors and two PR councilors, four community development members, four ward committee members , twenty backyard dwellers from ward 17 and ward 18 and eighteen senior officials (project managers) from the Department of Human Settlement in the Nelson Mandela Metropolitan Municipality were purposively sampled for the study. A qualitative design was used. In-depth interviews were conducted to collect data to enable the researcher to ask open ended questions and explore the participants’ perspectives about the causes of housing backlog. The study revealed that the factors which are playing a role in this regard include the role played by the Eastern Cape Province in housing, the large portion of land which is privately owned, beneficiary management by municipal officials and political interference on the waiting list Metropolitan subsequently, recommendations for further research were made.

The provision of housing is a developmental practice and development cannot prevail without public participation. This is echoed in the Manila Declaration on People‟s Participation and Sustainable Development, 1989 as follows, “Public participation is an essential part of human growth that is the development of self-confidence, pride, initiative, responsibility, cooperation. Without such development within the people themselves, all efforts to alleviate their poverty will be immensely more difficult, if not impossible” (Burkey, 1993:56). Housing provision plays a vital role in meeting basic needs; dwellings provide the security required for basic functioning and are thus essential for both human development and the alleviation of poverty. South Africa has one of the most progressive constitutions in the world. It includes the municipal legislative framework that provides for community participation in decision-making at municipal level. However, in practice, citizens have had little experience of this, which is particularly relevant in contexts of severe poverty and failure by the state to provide basic services. This case study demonstrates the challenges faced by the Centre for Public Participation (CPP), a national NGO, when working to influence central government policy on citizen participation. It also explores the role and influence of international donors in promoting this agenda. From the literature review, it was evident that service delivery is essential in the communities, and, as such, government departments and municipalities have a critical role to play. In order to achieve this goal, an interview was conducted with various interviewees. The participants ranged from the youth to the elderly citizens in the community as well as government officials. The main patterns that emerged from the collected data related to the dissatisfaction of the community about the lack of consultation. It would be advisable for government, especially municipalities, to take cognizance of the results and concerns, in an effort to improve and ensure the effective service delivery, as stipulated in the Reconstruction and Development Programme (RDP) document.

The central hypothesis of this thesis is that the universal fundamental right to adequate housing must be equally enforced by all states irrespective of its non-entrenchment as a constitutional, legislative and/or policy entitlement. Despite being a minority, poor Canadians still face the same sordid living conditions that the majority are experiencing in South Africa and India. If a developed country such as Canada, despite its available resources and housing policies, and, similar to South Africa and India as third world countries, fails to improve the poor’s standard of living, the right to adequate housing will remain a distant dream for many. Any housing implementation strategy must be able to reduce housing backlogs, eradicate homelessness and slums and in general improve the poor’s standard of living. The thesis considers the diverse implementation strategies of the right to adequate housing as adopted by South Africa, Canada and India and reveals how each country has experienced systemic challenges. Against the background of international and regional human rights obligations, key issues are investigated to determine how to properly implement, enforce and monitor the right, include the role of a constitutionally entrenched right, the adoption of a housing legislative and/or policy measures, the role of the judiciary, (in)action on the part of government and the part played by national human rights commissions. While each of these three countries approaches the issue in their own unique way, and each country makes its own contribution, what is required is a coordinated and multi-faceted housing implementation system. Although the point of departure was to determine what South Africa could learn from Canada and India, the conclusion is that both Canada and India can draw inspiration from South Africa. Nevertheless, the main conclusions are that South Africa must urgently conduct a comprehensive review of its regressive 20 year housing implementation strategy and India’s 61 years five year plans. The Canadian judiciary should be looking at ways to enforce the right within the Canadian Charter as well as its domestic legislation to include ‘social condition’ as a discrimination ground. While both Canada and India must review their housing policies their judiciaries should be evaluating the history of homelessness and the reasonableness of their adopted housing policies. / Private Law / LLD

The central hypothesis of this thesis is that the universal fundamental right to adequate housing must be equally enforced by all states irrespective of its non-entrenchment as a constitutional, legislative and/or policy entitlement. Despite being a minority, poor Canadians still face the same sordid living conditions that the majority are experiencing in South Africa and India. If a developed country such as Canada, despite its available resources and housing policies, and, similar to South Africa and India as third world countries, fails to improve the poor’s standard of living, the right to adequate housing will remain a distant dream for many. Any housing implementation strategy must be able to reduce housing backlogs, eradicate homelessness and slums and in general improve the poor’s standard of living. The thesis considers the diverse implementation strategies of the right to adequate housing as adopted by South Africa, Canada and India and reveals how each country has experienced systemic challenges. Against the background of international and regional human rights obligations, key issues are investigated to determine how to properly implement, enforce and monitor the right, include the role of a constitutionally entrenched right, the adoption of a housing legislative and/or policy measures, the role of the judiciary, (in)action on the part of government and the part played by national human rights commissions. While each of these three countries approaches the issue in their own unique way, and each country makes its own contribution, what is required is a coordinated and multi-faceted housing implementation system. Although the point of departure was to determine what South Africa could learn from Canada and India, the conclusion is that both Canada and India can draw inspiration from South Africa. Nevertheless, the main conclusions are that South Africa must urgently conduct a comprehensive review of its regressive 20 year housing implementation strategy and India’s 61 years five year plans. The Canadian judiciary should be looking at ways to enforce the right within the Canadian Charter as well as its domestic legislation to include ‘social condition’ as a discrimination ground. While both Canada and India must review their housing policies their judiciaries should be evaluating the history of homelessness and the reasonableness of their adopted housing policies. / Private Law / LLD