NATIONAL HOUSING PROGRAMME FOR HOUSING ASSISTANCE TO FARM RESIDENTS Stakeholder Meeting on Extension of Security of Tenure for Farm Dwellers and Farmworkers 16 November 2016

WHAT THE PRESENTATION ADDRESSES Support for housing development for farm workers Strategies in place for securing housing for victims of farm evictions Provincial breakdown of housing and criteria for allocation of housing Proposals on how ESTA can enhance access to human conditions for farm residents

Support for housing development for farm workers

BACKGROUND A National Housing Programme for Housing Assistance for Farm Residents was developed and approved in April 2008 All housing developments for farm residents off the farms are catered for in the normal township oriented National Housing Programmes The Farm Residents Housing programme was incepted to provide a mechanism for on-farm housing provision in partnership with the farm owners The farm owner is a vital role player and is seen as the implementing agent

POLICY INTENT Provides access to adequate housing, including basic services and secure tenure Promotes the development of sustainable human settlements through: Catering for a variety of farm residents housing needs; The provision of secure tenure The promotion of healthy and safe living environments The empowerment of farm residents’ to participate in the provision of their own housing needs Where possible, promoting access to social and economic amenities

DEVELOPMENT OPTIONS Rental housing by the farm owner or a housing institution on the farm; Individual ownership where the land owner is prepared to subdivide and transfer farm portions; and Subsidies for beneficiaries of the Labour Tenant Strategy / Programme of DRDLR

KEY FEATURES Does not infringe on land rights of any of the stakeholders All stakeholders are involved in planning and implementation Rental arrangements are regulated and disputes can be referred to the Rental Housing Tribunals Provides for eventualities such as the termination of leases, retirement of workers, sale of the farm, termination of the scheme and the process to deal with a deceased estate Structured and binding agreements apply in all cases

KEY FEATURES The MEC has the decision-making authority The municipality supports the applications The Government’s investment on the farm is protected through a preferential claim against the title deed of the farm Funding limits are equal to the prevailing housing subsidy quantum

RENTAL OPTION 1: FARM OWNER Rental development by farmer The farmer provides rental housing on the farm An agreement is concluded with MEC and a Pre-emptive right is registered MEC approves the project, rentals and rental agreements A 60 day rental agreement termination period applies

RENTAL OPTION 1… Funding is provided for water and sanitation services, storm water management systems and top structures Funding maybe used for upgrading of existing dilapidated houses or for new houses Rentals charged may not include any capital redemption

RENTAL OPTION 1… Exit arrangements in case of sale If owner disposes of his/her farm he/she must refund the subsidy investment at depreciated replacement cost of the units; or The new owner may apply for substitution and carry on with the existing arrangements If owner dies or becomes insolvent, MEC will have preferential claim against estate at same value If owner retires and/or terminates the rental scheme he/she must refund the MEC the depreciated replacement cost of units Where dispute arises, arbitration process will apply

RENTAL OPTION 2: HOUSING INSTITUTION Farmer may decide to award long term lease or register a servitude on a portion of farm to housing institution All farm workers and occupiers may benefit from this option Institution must comply with the rules of the Institutional Subsidy Programme

INDIVIDUAL OWNERSHIP Where the farm owner is prepared to subdivide the farm and transfer portions to farm residents Subdivisions must be large enough to enable at least sustainable subsistence farming Subdivision must take place within prevailing legislative provisions Development maybe undertaken by farm owner, province or private developer Farm owner could act as implementing agent Province pay delegate to the municipality Beneficiaries may elect to undertake their own development through PHP or appoint a private implementing agent NHBRC enrolment will apply

HOUSING ASSISTANCE TO LABOUR TENANTS Project based developments for beneficiaries of the Labour Tenant Strategy of Dept of Rural Development and Land Reform; Funds residential engineering services where required as well as houses Funding will only be available for a housing project The province or municipality is the developer Beneficiary participation is a prerequisite Programme will require coordinated planning and funding prioritisation and planning alignment

Strategies in place for securing housing for victims of farm evictions

STRATEGY Emergency Housing Programme A need to align ESTA and the PIE Act

Provincial breakdown of housing and criteria for allocation of housing

QUALIFICATION CRITERIA A person qualifies for a subsidy if he / she is: A lawful resident of South Africa or in possession of permanent residence status; Labour tenant: persons registered as Labour Tenants as contemplated by the Land Reform (Labour Tenants) Act, 1996 Legally competent to contract Not yet benefited from government assistance If a person previously owned a fixed residential property s/he may qualify for rental accommodation except if the applicant has received ownership of farm land through the Labour Tenant Strategy and or through the subdivision of farm land

QUALIFICATION CRITERIA ... Further requirements: Married or cohabiting Single with financial dependants – must reside permanently with applicant Single persons without financial dependants – apply for rental accommodation Monthly household income (proof of income required): R0 – R3500 full subsidy Persons classified as military veterans Persons classified as aged with or without financial dependants Persons classified as disabled

PROGRAMME IMPLEMENTATION No government subsidy project on a farm has been approved to date

How ESTA can enhance access to human conditions for farm residents

RESPONSE TO ESTA Possible duplication between DRDLR and DHS programmes (tenure grants and emergency housing) Develop a programme or regulations with clear qualification criteria to access Tenure Grants and Subsidies Determine implementation protocols

SYNERGY BETWEEN PIE AND ESTA Probation officer’s report Constitutional Court jurisprudence which emphasizes the principles of meaningful engagement; identification of occupiers; and joinder of a local authority Develop guidelines/regulations/protocols for implementation Establish a system for central data and monitoring of mass evictions

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