1. 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

2. 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

3. Support for housing development for farm workers

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. Strategies in place for securing housing for victims of farm evictions

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

17. Provincial breakdown of housing and criteria for allocation of housing

18. 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

19. 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

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

21. How ESTA can enhance access to human conditions for farm residents

22. 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

23. 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

24. THANK YOU