OCCUPANTS of two derelict buildings in Johannesburg’s inner city will not be evicted and the city will have to improve their living conditions until suitable housing can be found, in terms of an agreement commissioned by the Constitutional Court.
The agreement submitted to the Constitutional Court yesterday follows two judgments in the Johannesburg High Court in which the state, or more specifically municipalities, have been held responsible for providing housing for the poorest of the poor in the city.
The decisions could have serious implications for municipalities where housing is not available for people in the lowest income bracket.
Following the first court judgment in which the city of Johannesburg was criticised for inadequately planning housing for inner city poor, the city said it would provide R300m for urban regeneration programmes in the inner city, and agreed to provide 50000- 75000 inner city residential units by 2015.
The city and occupants of a building in Olivia Road, Berea, and in Main Street, in the central business district, agreed two months ago to work on a settlement at the urging of the Constitutional Court after fighting the matter in the courts. The Constitutional Court reserved judgment in August pending the outcome of negotiations.
In terms of the agreement, interim measures will be put in place to improve the conditions of the two buildings, such as providing water and a general clean- up of the properties.
Residents will be provided with other accommodation in the inner city from January in the Old Perm and BG Alexander buildings in Hillbrow and MBV Hospital in Joubert Park, which are being renovated. The residents will not pay more than 25% of their incomes in rent. The accommodation will make provision for individuals, families and single parents with children.
A socioeconomic survey of all occupants will be conducted before they are moved to permanent accommodation.
The survey will take into account whether members of the household are employed, the household income and housing affordability thresholds.
Advocate Paul Kennedy, who represented the occupants of the buildings, argued in the Constitutional Court that the buildings the city said it could provide were either full or were not affordable.
Jeremy Gauntlett SC, on behalf of the city, argued that the city had an obligation to evict people from unsafe buildings.
Chief Justice Pius Langa said in August that the Constitutional Court “would love to encourage the parties to co-operate in the interests of the people they represent”.