31 August 2007

By George Matlala

SEVEN inner city buildings are being converted by the City of Johannesburg into interim emergency shelters to accommodate people who have to be evicted from unsafe buildings.

This was the argument presented to the Constitutional Court on Tuesday, 28 August by an advocate representing the council in a case regarding evictions in the inner city.

Senior counsel Jeremy Gauntlett contested that the City had an obligation to evict people who lived in unsafe buildings and it could not run away for this responsibility. The evictions were constitutional under the National Building Regulations and Building Standards Act, he added.

Lawyers for the occupants had earlier argued that the evictions would effectively leave people homeless, which would violate their constitutionally guaranteed rights to housing and protection from arbitrary evictions.

Alluding to a recent incident in which two people died in a fire at a block of flats in Joubert Park, Gauntlett reiterated that the buildings were in an "emergency state", pointing out that some did not have things such as protective measures. "If this is not an emergency, then what is an emergency?"

He stressed that the City's legal team had submitted an affidavit to the Constitutional Court that contained a plan showing that millions of rand had been set aside to provide emergency shelter for people affected by the evictions. About seven buildings were earmarked to serve as emergency shelters, he noted.

Senior counsel advocate Paul Kennedy was representing the occupants of the buildings, who brought the case to court. He argued that the buildings the municipality said it would provide as emergency shelter were either full or not affordable.

He emphasised that the City could not evict people without providing alternative accommodation, noting that it was unconstitutional. "Urban regeneration should benefit our people, not marginalise them."

Kennedy admitted that the unsafe buildings in question needed urgent attention, but argued that evictions were not a solution. He suggested that the municipality should accommodate the occupants in a place closer to economic opportunities or renovate the buildings.

Gauntlett accepted a suggestion by Justice Zak Yacoob to spend at least 30 days consulting with the occupants and their representatives. Kennedy disagreed, claiming that the City could not meet the occupants' needs within 30 days. The City should temporarily supply the occupants with water, collect refuse and fix the sanitation in the buildings.

The court reserved its judgment, encouraging the two parties to find a settlement. Chief Justice Pius Langa said, "We would love to encourage the parties to co-operate in the interest of the people they represent."

According to Gabu Tugwana, the City's communications director, a housing plan has been drawn up to meet interim emergency accommodation demands. It involved nine buildings in the inner city.

In addition, under the Inner City Regeneration Charter, between 50 000 and 75 000 residential units would be built by 2015. "At least 20 000 of these units must be affordable to households in the lower income bands," he noted.

"The City is finalising an Inner City Housing Action Plan that looks at current demand for housing and sets out the institutional and financial arrangements required to drive housing delivery."

A further R300-million had been set aside for urban regeneration programmes in the inner city, Tugwana said. "One of the major initiatives in the city is to convert buildings into interim emergency shelters that are safe and habitable."

These would be used by residents who had been moved from unsafe and derelict buildings.

"The City acted upon expert advice that certain buildings were 'time bombs with real fire and disease hazards'. In the light of this advice, the City's decision to evacuate these buildings can be considered both lawful and rational."

Progress had been made on seven buildings:

• The old Perm building in Hillbrow is being handed over to the housing department;
• Work on the Chelsea building in Hillbrow is scheduled for completion in November;
• The MBV building in Hillbrow is being upgraded in two phases - work on the north wing will be completed by the end of October and work on the south wing will be completed by February 2008;
• The Hospital Hill building will be converted into transitional and rental accommodation, with construction expected to begin in November and units available by June 2008;
• Santa Monica Court and Noverna Court are being expropriated by the City and converted into accommodation;
• Muti House has been attached by the City and an abandonment agreement is being negotiated with the owner; and
• Work has started on the refurbishment and conversion of the BG Alexander building, in a venture between the Johannesburg Social Housing Company and the Madulamoho Housing Association.

Source: joburg.org.za