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Media Statement: The South African Human Rights Commission commends the City of Johannesburg and the Gauteng Department of Human Settlements for heeding the letter and spirit of the constitutional principles of co-operative government in resolving th
Wednesday, 30 January 2019
Attention: Editors and Reporters
On 19 December 2018 the South African Human Rights Commission (Commission) expressed its concern over the then looming litigation between the Executive Mayor of the City of Johannesburg, Cllr. Herman Mashaba and the Gauteng Provincial MEC for Human Settlements and Cooperative Governance and Traditional Affairs, Mr Dikgang Moiloa. The media had reported that Cllr Mashaba intended to approach the courts alleging a deduction from and therefore reduction in the funding of the City of Johannesburg’s Human Settlement Development Grant (HSDG) to an amount of R68 million by the Gauteng Department of Human Settlements. The Chairperson of the Commission immediately addressed correspondences to both the Executive Mayor, Cllr. Mashaba and the MEC, Mr Moiloa drawing their attention to Chapter 3 of the Constitution and urging them to do their utmost to speedily resolve the impasse and avoid litigation as best as possible.
Attention: Editors and Reporters
On 19 December 2018 the South African Human Rights Commission (Commission) expressed its concern over the then looming litigation between the Executive Mayor of the City of Johannesburg, Cllr. Herman Mashaba and the Gauteng Provincial MEC for Human Settlements and Cooperative Governance and Traditional Affairs, Mr Dikgang Moiloa. The media had reported that Cllr Mashaba intended to approach the courts alleging a deduction from and therefore reduction in the funding of the City of Johannesburg’s Human Settlement Development Grant (HSDG) to an amount of R68 million by the Gauteng Department of Human Settlements. The Chairperson of the Commission immediately addressed correspondences to both the Executive Mayor, Cllr. Mashaba and the MEC, Mr Moiloa drawing their attention to Chapter 3 of the Constitution and urging them to do their utmost to speedily resolve the impasse and avoid litigation as best as possible.
The Commission is pleased to note that the two spheres of government have heeded the call from the Commission and adhered to the principles of co-operative government enshrined in the Constitution of the Republic of South Africa, 1996 by reaching an agreement which would see the Gauteng Department of Human Settlements increasing the HSDG amount allocated and transferred to the City of Johannesburg to R136 million.
The Commission commends both the Gauteng Department of Human Settlements and the City of Johannesburg for abiding by the principle in section 41 (1)(h) of the Constitution which requires spheres of government and all organs of state within each sphere, to cooperate with one another in mutual trust and good faith, by amongst others, assisting one another and avoiding legal proceedings against one another. The Commission is reliably informed that this settlement will translate into the construction of not less than 10,000 housing units in the City, an important benefit for the poor who need housing.
The Commission continues to urge the Gauteng Department of Human Settlements and the City of Johannesburg to work collectively towards the progressive realisation of the right to access adequate housing for the people of Johannesburg. It is only when all spheres of government and organs of state put their shoulders to the wheel and co-operate in mutual trust and good faith that the constitutional vision of a transformed society will become a lived reality in the country.
Ends
Issued by the South African Human Rights Commission
Gail Smith – Spokesperson Tel: 060 988 3792 This email address is being protected from spambots. You need JavaScript enabled to view it.
Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.
About us
Understanding PAIA
The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.
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