The two spheres of government are required to work together.  Section 41 (1)(h) of the South African Constitution obliges all spheres of government to cooperate with one another in mutual trust and good faith and avoid legal proceedings against one another.

The South African Human Rights Commission urges the provincial Department of Human Settlements, on the one hand, and the Mayor of the City of Johannesburg, on the other hand, to heed the letter and spirit of this constitutional provision and cooperate fully in finding a solution to the problem that is currently threatening to create a rift between these two critical role players.  For many reasons, litigation must be avoided and used only as a last resort.

Litigation is fraught with challenges.  The members of the public, who expect to benefit from the disputed housing budget, will be left waiting in the shadows for a very long time and their rights to have access to housing will remain indefinitely suspended while one level of government fights the other in courts of law, over resources that should have been used to achieve a progressive realization of that right, in the first place.  In addition, more of the limited resources will be thrown at lawyers and other experts instead of being ploughed into realizing the rights enshrined in our Bill of Rights. Litigation, by its nature, is adversarial and therefore inimical to collaboration. The SAHRC urges the Provincial Department of Human Settlements and the City of Johannesburg   to continue working together towards the realisation of the rights of the people of the City, some of whom have been waiting for a very long time to be allocated decent housing.

The SAHRC will monitor developments in this regard and is available to mediate should parties deem it necessary.

Ends

Issued by the South African Human Rights Commission