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Enabling grassroots solutions to the urban housing problem

30 October 2023 Photo Bobby Shabangu

The aftermath of damage to a building in Johannesburg, after burning. — A recent fire that engulfed a downtown Johannesburg building illustrates the challenge of housing a bulging urban population in safe, dignified conditions.

Opinion article by Prof Ivan Turok, Chuma Giyose, Claudia Hitzeroth, Zama Mgwatyu and Andreas Scheba

The tragic loss of 78 lives when fire engulfed a downtown Johannesburg building illustrates the challenge of housing a bulging urban population in safe, dignified conditions.

While the apartheid government resisted urbanisation and refused to build liveable neighbourhoods for black people, the ANC government and metropolitan authorities have been ambivalent, fearing that cities would be overwhelmed.

The ‘RDP’ mass housing programme has constructed about three million small units in peripheral dormitory settlements, far from jobs and amenities. A formulaic ‘one house, one plot’ approach has produced sprawl with sparse facilities. The scheme is currently being cut back and replaced by serviced sites rather than free homes. This is bound to perpetuate urban fragmentation, instead of helping to densify and integrate cities.

More dynamic and adaptable way

Meanwhile, a more dynamic and adaptable way of providing affordable urban housing has emerged from the grassroots, beyond the formal housing system. Many poor households, small building contractors, and emerging developers are responding to the massive demand for low-cost accommodation by investing whatever resources they can muster to construct rental units in their backyards. They are countering unemployment and hardship with laudable energy, initiative, and self-reliance.

Their dwellings range in quality from simple wooden and zinc structures to solid brick-and-mortar two-storey flats with internal ablutions. Standards are improving over time as tenants demand better accommodation and builder-developers learn to design superior homes.

Small-scale rental housing (SSRH) is also stimulating township economies by raising household incomes and creating local jobs across the construction value chain via the supply of building materials, repairs and maintenance, and rental agents and other property services. It is providing a valuable shot in the arm for a struggling building industry.

These positive features and their multiplier effects make SSRH the fastest growing segment of the housing market in the country. An organic process of transforming underused land into more valuable property is being replicated over and over again across cities and towns, driven by the insatiable demand for affordable accommodation. The momentum is fuelled by the emergence of novel lending institutions, such as the Trust for Urban Housing Finance.

Yet, the very success of this phenomenon creates other challenges, including overloaded infrastructure, stretched public services, and degraded open spaces through population growth and crowding.

Dangers of SSRH

Most emerging developers and contractors are unaware of the formal rules and systems that regulate house building and urban development. The informal and unauthorised nature of SSRH poses dangers for resident communities and risks for the developers themselves.

The health and safety of tenants occupying substandard dwellings can be compromised through fires and structural failures. And the developers might never recover the value of their investments if they remain informal.

Research has shown that the costs of regulatory compliance faced by builder-developers are prohibitive. Following the formal approval procedures and paying the requisite professional fees and administrative charges would more than double the cost of developing rental units because of their onerous nature. Most developers either do not apply for permission to build — or they give up out of frustration halfway through this time-consuming process.

Despite the immense opportunities and looming threats facing SSRH, the sector is almost completely ignored by national, provincial, and municipal authorities. The tenants seem invisible to decision-makers because at least they have a roof over their heads and appear better off than people occupying informal settlements.

Finding creative ways to help upgrade and regularise backyard housing means navigating a legal and regulatory minefield that just seems too complicated to public officials, who do not know where to start.

Responding to the policy vacuum

Several grassroots intermediary organisations have begun to respond to the policy vacuum by providing practical support to builder-developers and advice to the government about what actions and reforms are most urgent and important. NGOs are rolling up their sleeves and offering direct assistance and advocacy on behalf of the sector. They believe that empowered citizens should drive local development, so they support small-scale operators looking to construct decent, affordable accommodation.

Some of these organisations have set up training courses and mentoring programmes to help nascent contractors and developers to improve their knowledge and capabilities. Hands-on technical advice and expertise are also offered to individual developers to package their project proposals professionally to help secure external funding.

NGOs have learnt from direct experience that a broad spectrum of builder-developers are engaged in township housing. The support they offer needs to be carefully tailored according to the distinctive needs and potential of different enterprises.

At one end are ‘homeowner developers’, who build in a piecemeal, intuitive, and incremental way according to whatever resources they can secure from personal savings and networks. Women are well represented among this group. They aspire to make better use of their backyards to supplement their household income and create a durable asset for future security.

Micro-developers

At the other end of the spectrum are ‘micro-developers’ who are more proficient and strategic. They have more extensive, specialist networks and can raise longer-term loans to fund their projects. These entrepreneurs usually build larger blocks of between six and twelve units on each plot and operate across multiple sites.

Township developers do not tend to work together closely because of natural rivalry. The spirit of independence has limited their collective voice to engage with public authorities and financial institutions. Consequently, NGOs encourage developers to organise themselves and build trust so that they can learn from each other and speak with one voice about urgent regulatory reforms.

Township developer forums have been created in some places to raise their visibility and negotiating power. These bottom-up initiatives are making a meaningful contribution to reducing the affordable housing backlog and deserve to be taken seriously.

SSRH fosters urban density, enhances livelihoods, and is more sustainable financially than free government housing. The benefits extend beyond shelter to bolster township economies through new and dynamic enterprises, construction jobs, and skills.

The rich experience that NGOs have gained from working in close proximity to everyday realities provides valuable insight into how to scale up and strengthen the SSRH phenomenon. This know-how is unique and different from the mindsets and understanding available to policy makers operating at national or even municipal levels. It is vital that local and national authorities recognise and respect such hard-earned expertise.

Novel social arrangement

Yet, initiatives from below cannot succeed without wider state support. To achieve its full potential, SSRH needs public investment in essential infrastructure and services, including clean water, sanitation, electricity, and waste collection.

The government also needs to simplify the procedures that regulate house building for emerging developers to obtain the legal compliance that will help to raise long-term finance, building insurance and protect the value of their investments when they decide to sell.

One way forward in a context of mistrust between municipalities, developers, and residents is to negotiate a novel social arrangement that will restore mutual obligations and stability. A ‘new deal for communities’ could vary in detail between different places, depending on local circumstances.

Municipalities could commit to improving the infrastructure and streamlining building approvals, in return for developers contributing to the cost of public services by paying property taxes and service charges. NGOs could play a valuable role in communicating and negotiating such arrangements at neighbourhood level.

Prof Ivan Turok, NRF Research Chair – University of the Free State, Distinguished Research Fellow – Human Sciences Research Council, Cape Town, ITurok@hsrc.ac.za
Chuma Giyose, Project Co-ordinator, Development Action Group, Cape Town, chuma@dag.org.za
Claudia Hitzeroth, Project Officer, Development Action Group, Cape Town, claudia@dag.org.za
Zama Mgwatyu, Programme Manager, Development Action Group, Cape Town, zama@dag.org.za
Dr Andreas Scheba, Senior Researcher, Human Sciences Research Council, Cape Town, and Senior Lecturer, University of the Free State, Bloemfontein, ascheba@hsrc.ac.za

This article was originally published in the Mail & Guardian

https://mg.co.za/thoughtleader/2023-10-24-enabling-grassroots-solutions-to-the-urban-housing-problem/

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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