Informal settlements, legislation and planning in South Africa.

Master of Laws in Environmental Law. University of KwaZulu-Natal, Pietermaritzburg 1996.Informal settlements in urban areas In South Africa are a result of urbanisation and the inability of past legislation to adequately accommodate informal settlements. The unwillingness of past governments to accept and plan for informal settlements and the resultant lack of infrastructure has and continues to increase the negative impact of informal settlements on the environment. Democracy in South Africa has heralded an era of Constitutional Supremacy. Legislation must be consistent with the constitution. A future constitution is likely to include a right to housing, as well as property and environmental rights. These rights as well as the framework provided in the Constitution for the different levels of government have important implications for informal settlements. The government will be unable to provide formal housing for everyone. Informal settlements will therefore need to form a part of a solution to the housing crisis in South Africa. If the negative environmental consequences of informal settlements a to be minimised, and informal settlements are to provide safe and secure shelters then South Africa will require effective planning legislation. Planning legislation in South Africa is presently fragmented and ineffective. This is also true of land and housing legislation. The Prevention of Illegal Squatting Act 52 of 1951 is a reactive piece of legislation which does not have a constructive role to play fn planning for informal settlements. Relatively new legislation such as the Development Facilitation Act 67 of 1995 and the Less Formal Township Establishment Act are crisis orientated and -are not alternatives to coherent long term planning legislation. Various national discussion documents pertaining to planning, land and housing should be used to formulate comprehensive planning legislation. It must be ensured that this legislation provides for the needs of informal settlements. It should also ensure that informal settlements are the responsibility of all three tiers of government, and local and provincial government have sufficient powers to assist in providing a solution to the problems of informal settlements. The legislation should also incorporate the concept of Environmental Impact Assessment to ensure that development is sustainable. Present legislation is inadequate. Effective planning legislation must be established in order to ensure informal settlements are able to provide safe and healthy environments