FACULTY OF LAW

							                   Comments on DHS 2012
                      Strategic Plan
                       (with specific reference to
                        ‘Special Needs Housing’)

                                 18 April 2012

Community Law Centre and
Centre for Disability Law & Policy
University of the Western Cape
                  Outline
• Who are we?
• Brief overview of Special Needs Housing
  [SNH]
• What is the current problem with SNH?
• What does DHS 2012 Strategic Plan say
  about SNH?
• Our recommendations
  – to DHS (national)
  – this Honorable Committee
CLC Background

• Human rights institute
• Research, education and advocacy
• Projects include -
  – Socio-Economic Rights Project
  – Children’s Rights Project
  – Parliamentary Programme
• Previous work on SNH
    CDLP Background


•   Institute focusing on disability law & policy
•   Established at UWC in 2009
•   Research, education and training
•   Work based on Convention on Rights of
    Persons with Disabilities
     – Right to independent living and being included
       in the community (Art 19)
     – Accessibility (Art 9)
           Special Needs Housing

• Housing which provides for a range of people in
  special need, including:
  – Orphans and vulnerable children
  – People infected or affected by HIV/ AIDS
  – Elderly people (including frail care)
  – People with disabilities (physical, intellectual,
    psychosocial)
  – Victims of domestic abuse and family violence
  – The homeless / those living on the street
    (including street children, refugees, trafficked
    people)
            Special Needs Housing


• May include broad range of housing
  options:
  – Emergency shelters
  – Transitional housing (‘2nd stage’ housing for battered
    women)
  – Specialised health care (frail care for elderly persons)
  – Community group homes (persons with disabilities)
  – Access to affordable rental housing (‘waiting list’?)
                Special Needs Housing
• SNH delivery mostly at provincial level
• Mainly in KZN (since 2001), Gauteng, Eastern Cape
• Provincial DHS ‘adapt’ existing housing delivery mechanisms to
  approve projects
• Typically: registered NPOs / welfare organisations working at
  grassroots level
• Want to access capital funding from provincial DHS for acquisitions,
  new builds or renovations
• Projects viable (eg organisations have skills and capacity to operate
  and maintain the shelter)
• Sustainable: support of departments of welfare or health, donors
  for operational costs
• Evidence: works! (PPTrust)
            What is the Problem?

• National Housing Code does not provide for SNH as
  such; nor for development by provinces
• Small concessions: eg alterations to house
• Great demand in practice
• Org’s providing SNH services at grassroots levels do not
  receive adequate support from provincial DHS, local
  government
• Because no national policy on SNH:
   – Certain provinces reluctant to develop own policy
   – Lack of clarity on role of transitional subsidy
   – SNH becomes ‘invisible’ in national planning
     environment
         DHS Strategic Plan 2012

• Reflects re-visioning and turnaround
• Transition in 2012-2013
• Encouraging: “special and designated group
  and sector focused programmes to be
  enhanced”
• Transition “not excuse for failure to deliver”
          DHS Strategic Plan

• Programme 1: Administration
• Programme 2: Human Settlement Delivery
  Frameworks
• Programme 3: Human Settlements Strategy
  and Planning
• Programme 4: Programme and Project
  Management Unit
• Programme 5: Office of Chief Fin Officer
• Programme 6: Office of Chief Operations
  Officer
          DHS Strategic Plan

• Programme 1: Administration
      Programme 2: Human Settlement
      Delivery Frameworks
      Programme 3: Human Settlements
      Strategy and Planning
      Programme 4: Programme and Project
      Management Unit
• Programme 5: Office of Chief Fin Officer
• Programme 6: Office of Chief Operations
  Officer
              Programme 2:
          HS Delivery Frameworks

Consists of three main frameworks:
• Operational Framework
• Governance Framework
• Advisory Services
               Programme 2:
           HS Delivery Frameworks

Operational Framework
• Objectives:
  – Provide a macro policy framework
  – Provide a policy development framework
  – Oversee an accreditation policy framework

  – Developing a national policy directive on
    SNH would fit in squarely here
               Programme 3:
          HS Strategy and Planning

Three components:
• Stakeholder and Intergovernmental Relations
• Human Settlements Planning
• Human Settlements Strategy
Look at each component in turn, emphasise
those objectives relevant to SNH -
               Programme 3:
          HS Strategy and Planning

Stakeholder and Intergovernmental
Relations
• Objectives:
  – To implement intergovernmental frameworks
  – Provide stakeholder mobilization services
  – To provide for PHP and Community Driven
    Housing Initiatives

  National SNH directive – involves provincial
  departments, stakeholders, grassroots level –
  all of these
               Programme 3:
          HS Strategy and Planning

Human Settlements Planning
• Objectives:
  – Provide an implementation planning
    framework
               Programme 3:
          HS Strategy and Planning
                                     Accessible?
Human Settlements Strategy           Sustainable?


• Objectives:
  – Provide spatial planning and management
    services
  – Provide and maintain a human settlements
    master plan
  – Provide a human settlements strategy
    management service
               Programme 4:
    Programme and Project Management Unit

•   Programme and Project Planning
•   Programme Implementation Facilitation
•   Programme Monitoring and Evaluation
•   Sanitation Programme

                Impact on SNH?
                  Oversight

 If you can measure it, you can manage it

And, the same time:
 If you can’t see it, you can’t plan for it
           Our Recommendations

• To National DHS –
  – Integrate SNH into all aspects of Strategic Plan,
    not as marginalised ‘add on’
  – Issue a policy directive authorising provinces to
    develop and implement SNH policies based on
    existing housing delivery mechanisms
  – Provide support to provinces in the planning,
    funding, management and evaluation of the
    above SNH projects as envisaged in the Strategic
    Plan
           Our Recommendations

• To this Portfolio Committee –
  – Inquire from nat DHS about integration of SNH in
    Strategic Plan and programme plans
  – Monitor development of nat SNH policy directive
  – Invite specialist in SNH project development to
    make presentation on existing projects in KZN,
    Eastern Cape, Gauteng – eg Project Preparation
    Trust
  – Joint sitting: Committee on WCPwD?
             Coming Soon…

• Research project on SNH policies – provincial
  level, local government
• Three provinces
• Recommendations
                         THANK YOU

Contact Details
Ms Gladys Mirugi-Mukundi           Dr Helene Combrinck
Community Law Centre               Centre for Disability Law and Policy


Tel: (021)                         Tel: (021) 959-3298
Email: gmirugi-mukundi@uwc.ac.za   Email: hcombrinck@uwc.ac.za

University of the Western Cape