<<land>>
LIST OF TABLES = v
ACKNOWLEDGEMENTS = vi
INTRODUCTORY SECTION = vii
ACRONYMS = xxiv
EXECUTIVE SUMMARY . RIGHT TO LAND = 1
1 INTRODUCTION = 8
1.1 Developments in the Meaning and Content of the Right = 8
1.2 International Standards = 10
2 PROGRESS IN THE REALISATION OF LAND RIGHTS = 11
2.1 Policies and Programmes = 11
2.1.1 Land Restitution = 11
2.1.2 Land Redistribution = 15
2.1.3 Tenure Reform = 19
2.2 LEGISLATIVE MEASURES = 22
2.2.1 Restitution of Land Rights Amendment Bill (2003) = 22
2.2.2 Land Redistribution = 23
2.2.3 Tenure Reform = 24
2.3 Budget = 26
2.3.1 The National Budget = 26
2.3.2 The Budget for Land Restitution = 26
2.3.3 The Budget for Land Redistribution and Tenure Reform = 27
3 CHALLENGES FOR THE REALISATION OF LAND RIGHTS = 28
3.1 Restitution = 28
3.2 Redistribution = 29
3.3 Tenure Reform = 30
4 CRITIQUE = 31
4.1 Restitution = 31
4.2 Land Redistribution = 32
4.3 Tenure Reform = 35
4.3.1 Evictions = 36
4.4 The Budget = 37
4.4.1 Restitution = 37
4.4.2 Redistribution and Tenure Reform = 38
4.5 Reasonableness of Measures = 38
4.6 Availability of Resources = 39
4.7 Progressive Realisation = 40
4.8 Constitutional Obligations = 41
5 RECOMMENDATIONS = 43
6 CONCLUSION = 44
<<food>>
LIST OF TABLES = vi
LIST OF FIGURES = vi
ACKNOWLEDGEMENTS = vii
INTRODUCTORY SECTION = viii
ACRONYMS = xxvi
EXECUTIVE SUMMARY - THE RIGHT TO FOOD = 1
1 INTRODUCTION = 6
1.1 CONSTITUTIONAL PROVISIONS = 6
1.2 RELEVANT CASE LAW = 8
1.3 INTERNATIONAL INSTRUMENTS = 8
2 PROGRESS IN THE REALISATION OF THE RIGHT = 11
2.1 NEW POLICIES AND PROGRAMMES = 11
2.1.1 National Government = 11
2.1.1.1 Integrated Food Security Strategy for South Africa = 11
2.1.1.2 Integrated Management of Agricultural Water Use = 13
2.1.1.3 Integrated Food Security and Nutrition Programme = 16
2.1.1.4 Social Security Nets and Food Emergency Measures = 16
2.1.1.5 Improving Nutrition and Food Safety = 16
2.1.1.6 Food Production and Trading Measures = 17
2.1.1.7 Income Generation and Job Creation = 20
2.1.1.8 Food Security and Information Management System = 20
2.1.2 Provincial Government = 20
2.1.2.1 Improving Nutrition and Food Safety = 20
2.1.2.2 Food Production and Trading Measures = 22
2.2 NEW LEGISLATIVE DEVELOPMENTS = 22
2.2.1 National Government = 22
2.2.1.1 Improving Nutrition and Food Safety = 22
2.2.1.2 Food Production and Trading = 24
2.2.1.3 Social Security Nets = 26
2.2.2 Provincial Government = 26
2.2.2.1 Improving Nutrition and Food Safety = 26
2.2.2.2 Food Production and Trade = 27
2.3 PROGRESS IN IMPLEMENTING ONGOING PROGRAMMES = 27
2.3.1 Improving Nutrition and Food Safety = 27
2.3.1.1 Integrated Nutrition Programme = 27
2.3.1.2 Primary School Nutrition Programme = 28
2.3.1.3 Community Based Nutrition Programme = 31
2.3.1.4 Nutrition Interventions at Health Facilities - Child Malnutrition = 31
2.3.1.5 Baby Friendly Hospital Initiative = 36
2.3.1.6 Nutritional Supplementation for People Living with TB and/or HIV/AIDS = 36
2.3.1.7 Food safety = 36
2.3.2 Food Production and Trade . National = 36
2.3.2.1 Agricultural Research and Technology = 36
2.3.2.2 The Special Programme for Food Security (SPFS) = 37
2.3.2.3 The LandCare Programme = 37
2.3.2.4 Water Use and Irrigation Development = 38
2.3.2.5 Financial Services and Co-operative Development = 38
2.3.2.6 Farmer Settlement Programme = 39
2.3.3 Food production and trade . Provincial = 39
2.3.3.1 Eastern Cape = 39
2.3.3.2 KwaZulu-Natal = 40
2.3.3.3 Free State = 41
2.3.3.4 Mpumalanga = 42
2.3.3.5 North West = 44
2.3.3.6 Western Cape = 45
2.3.3.7 Limpopo = 46
2.3.3.8 Northern Cape = 48
2.3.3.9 Gauteng = 48
2.3.4 Income Generation and Job Creation Opportunities = 49
2.3.4.1 Public Works Programme = 49
2.4 BUDGETARY MEASURES = 50
2.4.1 Improving Nutrition = 50
2.4.2 Food Production and Trade = 52
2.4.2.1 LandCare Programme = 52
2.4.2.2 Agricultural Risk Management . Water Use and Irrigation Development = 53
2.4.2.3 Provincial Agriculture Departments = 53
3 CHALLENGES FOR THE REALISATION OF ECONOMIC AND SOCIAL RIGHTS = 54
3.1 CORRUPTION = 54
3.2 THE DELIVERY OF BASIC SERVICES = 54
3.3 GENDER AND THE RIGHT TO FOOD = 55
3.4 ROLE OF CIVIL SOCIETY = 55
3.5 MONITORING, EVALUATION AND COMMUNICATION = 55
3.6 INTEGRATION = 56
4 CRITIQUE OF MEASURES INSTITUTED = 57
4.1 INADEQUATE PROTECTION OF THE RIGHT TO FOOD = 57
4.2 THE SEVERITY OF HUNGER AND MALNUTRITION = 59
4.2.1 The Scale of Absolute Poverty = 59
4.2.2 The Number of Stunted, Underweight, Wasted and Severely Malnourished Children = 60
4.2.3 Malnutrition Related Deaths = 62
4.3 UNREASONABLE OPERATIONAL PLANNING = 63
4.4 THE REGULATORY SYSTEM REGARDING FOOD QUALITY = 63
4.5 THE LEVEL OF PARTICIPATION BY THOSE DIRECTLY AFFECTED = .64
4.6 THE APPROPRIATENESS OF INTERVENTIONS = 64
5 RECOMMENDATIONS = 65
<<health>>
LIST OF TABLES = vi
ACKNOWLEDGEMENTS = vii
INTRODUCTORY SECTION = viii
ACRONYMS = xxv
EXECUTIVE SUMMARY-THE RIGHT TO HEALTH CARE = 1
1 INTRODUCTION = 8
1.1 Constitutional Provisions and the Normative Content of the Right to Health Care = 8
1.1.1 Constitutional Provisions = 9
1.1.2 Normative content of the right to health = 9
1.1.3 Core Entitlements = 10
1.1.4 State obligations = 10
1.2 Implementation = 11
1.3 Recent Developments = 11
1.4 Children’s right to basic health care = 12
2 PROGRESS TOWARDS THE REALISATION OF THE RIGHT TO HEALTH CARE = 13
2.1 Key Programmes = 13
2.2 New Policy and Programmatic Measures = 14
2.2.1 The Right to Health Care Services for Everyone = 14
2.2.1.1 National Sphere = 14
2.2.1.2 Provincial Sphere = 14
2.2.2 Children’s Rights to Basic Health Care Services = 15
2.2.2.1 National Sphere = 15
2.2.2.2 Provincial Sphere = 16
2.3 Developments in Key On-going Programmes and Projects = 16
2.3.1 Health Service Delivery = 16
2.3.1.1 Reducing Morbidity and Mortality Rates (Maternal, Women) = 16
2.3.1.2 Reducing Morbidity and Mortality Rates in Children = 21
2.3.1.3 Infectious Diseases = 26
2.3.1.4 Non-Communicable Diseases = 28
2.3.1.5 Emergency Medical Services (EMS) = 28
2.3.1.6 Revitalisation of Public Hospitals = 32
2.3.1.7 Case Studies = 35
2.3.2 Strategic Health Programmes = 39
2.3.2.1 The Syndromic Management of HIV/AIDS, STIs and TB = 39
2.3.2.2 Prevention of Mother to Child Transmission (PMTCT) = 40
2.3.2.3 Tuberculosis = 43
2.3.2.4 Home-based care = 44
2.3.2.5 Provincial Sphere = 44
2.4 Legislative measures = 49
2.4.1 National Sphere = 49
2.4.1.1 The Mental Health Care Act 17 of 2002 = 50
2.4.1.2 The Medical Schemes Amendment Act 62 of 2002 = 51
2.4.1.3 The Occupational Diseases in Mines and Works Amendment Act 60 of 2002 = 51
2.4.1.4 The Medicines and Related Substances Amendment Act 59 of 2002 = 51
2.4.1.5 Regulations and notices promulgated during 2002 = 52
2.4.1.6 Bills drafted during 2002 = 52
2.4.2 Provincial Sphere = 54
2.4.3 Jurisprudence = 55
2.5 Budgetary Measures = 57
2.5.1 National Sphere = 57
2.5.2 Provincial budgets = 60
2.5.2.1 Overall budget and expenditure trends- Key Features = 60
2.6 Vulnerable Groups = 65
3 CHALLENGES FOR REALISATION OF THE RIGHT TO HEALTH CARE = 65
4 CRITIQUE OF MEASURES INSTITUTED = 68
4.1 The District Health Information System- Indicators = 69
4.2 Reducing Morbidity and Mortality Rates in Women, Maternal and Children = 69
4.3 AIDS and TB = 71
4.4 Tuberculosis = 72
4.5 Breast and Cervical Cancer = 72
4.6 Violence against women = 72
4.7 Home-Based Care = 72
4.8 Programmes for the elderly = 73
4.9 Cholera = 73
4.10 Legislative measures = 73
4.11 Budgetary Measures = 74
5 RECOMMENDATIONS = 75
5.1Policies = 75
5.2 Legislation = 75
5.3 Budgetary Measures = 75
5.4 HIV/AIDS/STIs/TB = 76
5.5 Sanitation = 76
5.6 Information Systems, Monitoring and Evaluation = 77
5.7 Capacity and numbers of health professionals = 77
5.8 Inequalities = 78
<<social security>>
LIST OF TABLES = v
LIST OF FIGURES = v
ACKNOWLEDGEMENTS = vi
INTRODUCTORY SECTION = vii
ACRONYMS = xxv
EXECUTIVE SUMMARY - SOCIAL SECURITY = 1
1 INTRODUCTION = 4
1.1 Meaning and Content = 4
1.2 International Perspective = 4
1.3 National Perspective = 5
2 PROGRESS IN THE REALISATION OF THE RIGHT TO ACCESS SOCIAL SECURITY = 7
2.1 Policies and Programmes = 8
2.1.1 National Sphere = 8
2.1.1.1 Department of Social Development = 8
2.1.1.2 Department of Labour = 10
2.2 Legislative Measures = 11
2.2.1 National Sphere = 11
2.2.1.1 Department of Social Development = 11
2.2.1.2 Department of Labour = 11
2.3 Budgetary Measures = 12
2.3.1 National Sphere = 12
2.3.1.1 National Department of Social Development = 12
2.3.2 Provincial Sphere = 14
2.3.2.1 Social Assistance Grants = 15
2.3.2.2 HIV/AIDS Programme = 17
2.3.2.3 Poverty Relief Allocations = 18
2.4 Indicators = 18
2.4.1 Grant Indicators = 18
2.4.2 Income Indicators = 21
2.4.3 Infrastructure Indicators = 24
2.5 The Impact of the Measures on Vulnerable Groups = 25
2.5.1 Women, Youth and People with Disabilities = 25
2.5.2 Children = 25
2.5.2.1 Child Support Grant = 25
2.5.2.2 Children living in the streets = 26
2.5.2.3 Child-Headed Households = 26
2.5.2.4 Children infected or affected by HIV/AIDS = 26
2.5.2.5 Children and Juveniles in Prison = 27
2.5.3 Older Persons = 28
3 CHALLENGES FOR THE REALISATION OF THE RIGHT TO ACCESS SOCIAL SECURITY = 28
3.1 Administration = 28
3.2 Documentation = 29
3.3 Government response to challenges = 29
3.4 Corruption and mismanagement = 30
3.5 Challenges for the Department of Labour = 30
4 CRITIQUE OF MEASURES INSTITUTED = 31
4.1 The Scope of Coverage = 31
4.2 Targeting = 34
4.3 People with disabilities = 34
4.4 Atypical Workers = 35
4.5 Children = 36
4.5.1 Child Support Grant = 36
4.5.2 The Care Dependency Grant and the Foster Care Grant = 36
4.5.3 HIV/AIDS, Disability grants and Care Dependency Grants = 36
4.5.4 HIV/AIDS and Child Labour = 36
4.6 Social insurance = 37
5 RECOMMENDATIONS = 37
<<environment>>
LIST OF TABLES = vi
ACKNOWLEDGEMENTS = vii
INTRODUCTORY SECTION = viii
1 INTRODUCTION = 1
1.1 The Meaning and Content of the Right to Environment = 2
1.1.1 International instruments = 2
1.1.2 The Procedural Character of the Right = 3
1.1.3 The Relational Character of the Right = 5
1.2 The International Context of State Obligations = 6
1.3 The National Context of State Obligations = 7
2 PROGRESS IN THE REALISATION OF ENVIRONMENTAL RIGHTS = 8
2.1 National Policies and Programmes = 8
2.1.1 Department of Environmental Affairs and Tourism = 8
2.1.2 Department of Water Affairs and Forestry (DWAF) = 17
2.1.3 Department of Minerals and Energy = 23
2.2 Provincial Policies and Programmes = 27
2.2.1 Gauteng = 27
2.2.2 Free State = 30
2.3 Legislative Measures = 32
2.3.1 Department of Environmental Affairs and Tourism = 32
2.3.2 DWAF = 34
2.3.3 DME = 34
2.3.4 Gauteng (DACEL) = 35
2.3.5 Free State (DTEEA) = 35
2.4 Budgetary Measures = 35
2.4.1 DEAT = 35
2.4.2 DME = 36
2.4.3 DWAF = 37
2.4.4 Gauteng = 39
2.4.5 Free State -Department of Tourism, Environmental and Economic Affairs (DTEEA) = 40
3 CHALLENGES = 40
3.1 Inadequate information reporting and monitoring systems: = 40
3.2 Making cooperative governance work = 41
3.3 Inadequate human resource and financial capacity: = 44
3.4 Integrating environmental management into the planning process = 44
3.5 Implementing the Polluter Pays Principle = 45
3.6 Implementing the outcomes of the WSSD = 45
3.7 Lengthy EIA Processes = 46
3.8 Maladministration and corruption = 46
4 CRITIQUE OF THE MEASURES INSTITUTED = 47
4.1 Cooperative Governance = 48
4.2 Monitoring Realisation of the Right - Compliance Enforcement and Protection Issues = 49
4.2.1 Inadequate Environmental Indicators and Measurement Systems = 49
4.2.2 Enforcement of environmental laws and regulations = 50
4.3 Waste Management and Pollution Control = 52
4.3.1 Assessment of the allocation of responsibilities for pollution control and management = 52
4.3.2 Pollution Prevention, Waste Minimisation, Impact Management and Remediation = 53
4.3.3 Biodiversity and Conservation = 61
4.3.4 Promoting Ecologically Sustainable Development and use of Natural Resources = 61
5 RECOMMENDATIONS = 65
<<education>>
LIST OF TABLES = v
ACKNOWLEDGEMENTS = viii
INTRODUCTORY SECTION = ix
ACRONYMS = xxvi
THE RIGHT TO GENERAL EDUCATION AND TRAINING - EXECUTIVE SUMMARY = 1
GENERAL EDUCATION AND TRAINING = 6
1 INTRODUCTION = 6
1.1 Meaning and Content of the Right = 6
1.2 South African Constitutional Obligations = 7
1.3 Analysis = 8
2 PROGRESS IN THE REALISATION OF THE RIGHT = 8
2.1 New Policy and Programmatic Measures = 8
2.1.1 National Sphere = 8
2.1.1.1 Curriculum Measures = 9
2.1.1.2 School Nutrition Interventions = 9
2.1.1.3 School Safety Programme = 9
2.1.1.4 The Regulations to Prohibit Initiation Practices in Schools = 9
2.1.1.5 Teacher Development = 10
2.2 New Legislative Measures = 10
2.2.1 National Sphere = 10
2.2.1.1 Education Laws Amendment Bill of 2002 = 10
2.3 Budgetary Measures Affecting the Right to Education = 11
2.3.1 National Sphere = 11
2.3.1.1 Thuba Makote and Infrastructure Development = 12
2.3.1.2 Early Childhood Development = 13
2.3.1.3 HIV/AIDS Training = 14
2.3.1.4 Teacher Development Programme = 15
2.3.1.5 Adult Basic Education and Ikhwelo Project = 15
2.3.2 Provincial Sphere = 16
2.3.2.1 Gauteng Department of Education = 16
2.3.2.2 Western Cape Department of Education = 18
2.4 Policies, Programmes and Projects = 18
2.4.1 White Papers on Early Childhood Development and Inclusive Education = 20
2.4.2 Capacity-Building Programme for School Management Teams = 21
2.4.3 Adult Basic Education and Training = 21
2.4.4 Whole School Evaluation Programme = 21
2.4.5 Values in Education = 22
2.4.6 Education and Communication Technology = 22
2.4.7 HIV/AIDS Training Programme = 22
2.4.8 Advocacy Campaigns to Raise the Levels of Awareness of the Right to Apply for Exemption from Payment of School Fees = 23
3 CHALLENGES FOR THE REALISATION OF THE RIGHT TO EDUCATION = 23
3.1 Access to Schooling = 23
3.2 School Fees Exemption = 24
3.3 Inequities in Post-Provisioning = 25
3.4 Translation of School Allocations into Goods and Services = 25
3.5 Infrastructure Development = 27
3.6 Ineffective Procurement Strategies = 27
3.7 Textbook Pricing = 27
3.8 Implementation of ECD Policy = 27
3.9 HIV/AIDS and Life Skills = 28
3.10 Adult Basic Education and Training = 28
3.11 Farm Schools Conditions = 29
3.12 Sexual Abuse and Violence in Schools = 30
4 CRITIQUE = 31
4.1 Is the Right to Education Being Realised? = 35
4.2 Constitutional Obligations = 37
4.3 General Conclusion on the Realisation of the Right to Education = 39
5 RECOMMENDATIONS = 40
THE RIGHT TO FURTHER EDUCATION AND TRAINING . EXECUTIVE SUMMARY = 43
THE RIGHT TO FURTHER EDUCATION AND TRAINING = 46
6 POLICY AND PROGRAMMATIC MEASURES = 46
6.1 National Policy and Programmatic Measures = 46
6.1.1 National Curriculum Statements for Grades 10 to 12 = 46
6.2 National Legislative Measures = 46
6.2.1 Education Laws Amendment Bill of 2002 = 46
6.2.1.1 Further Education and Training Act No. 98 of 1998 = 46
6.3 Provincial Policy and Programmatic Measures = 47
6.4 Budgetary Measures = 48
7 PROGRESS IN THE REALISATION OF THE RIGHT TO FET = 51
8 CHALLENGES FOR THE REALISATION OF THE RIGHT TO FET = 53
9 GENERAL INDICATORS = 55
10 CRITIQUE = 59
10.1 Constitutional Obligations = 61
10.2 Learner Performance in Mathematics and Physical Science FET Secondary = 61
11 RECOMMENDATIONS = 64
HIGHER EDUCATION - EXECUTIVE SUMMARY = 65
HIGHER EDUCATION = 69
12 INTRODUCTION = 69
13 POLICY, PROGRAMMATIC AND LEGISLATIVE MEASURES = 69
13.1 Policies and programmatic measures = 69
13.1.1 Language Policy = 69
13.1.2 Higher Education Act 101 of 1997: Government Gazette No 22 138, Notice Number 230 = 70
13.1.3 National Higher Education Information and Applications Service for South Africa = 70
13.1.4 Funding of Public Higher Education: A New Framework = 71
13.2 Legislative developments = 72
13.3 BUDGETARY MEASURES = 72
14 PROGRESS AND CHALLENGES IN HIGHER EDUCATION = 73
14.1 Access to Higher Education = 74
14.2 Improvement of Participation Rates = 74
14.3 Representation of Black Staff in some Higher Learning Institutions = 77
14.4 Graduation Trends = 78
15 CRITIQUE = 78
16 RECOMMENDATIONS = 82
<<housing>>
LIST OF TABLES = iv
LIST OF FIGURES = iv
ACKNOWLEDGEMENTS = v
INTRODUCTORY SECTION = vi
ACRONYMS = xxiv
EXECUTIVE SUMMARY - THE RIGHT OF ACCESS TO ADEQUATE HOUSING = 1
1. INTRODUCTION = 5
1.1 Constitutional Obligations = 5
1.2 International instruments = 7
2. PROGRESS IN THE REALISATION OF THE RIGHT = 8
2.1 New Policies and Programme Measures = 8
2.1.1 National Department of Housing = 8
2.1.1.1 Medium Density Housing = 8
2.1.1.2 Rental Housing Policy Framework = 8
2.1.1.3 Social Housing = 9
2.1.1.4 Emergency Housing Policy = 12
2.1.1.5 National Home Builders Registration Council’s Warranty Scheme = 14
2.1.1.6 Human Settlement Redevelopment Programme (HSRP) = 15
2.1.1.7 Adjustment of the Quantum of the Subsidy Amount = 16
2.1.2 Provincial Departments of Housing = 16
2.1.2.1 Gauteng Department of Housing = 17
2.1.2.2 Western Cape Department of Housing = 20
2.1.2.3 Mpumalanga Department of Housing = 21
2.1.2.4 KwaZulu-Natal Department of Housing = 22
2.1.2.5 Free State Department of Housing = 23
2.1.2.6 Limpopo Department of Housing = 23
2.1.2.7 Northern Cape Department of Housing = 24
2.1.2.8 North West Department of Housing = 24
2.1.2.9 Eastern Cape Department of Housing = 25
2.2 Legislative Measures = 25
2.2.1 PIE Amendment Bill = 25
2.2.2 The Community Reinvestment Bil = 27
2 2.3 Home Loan and Mortgage Disclosure Act 63 of 2000 (HLAMDA) = 29
2.2.4 Amendment to the Housing Act 107 of 1997 = 29
2.2.5 Disestablishment of South African Housing Trust Limited Act No 26 of 2002 = 29
2.3 Budgetary Measures = 30
2.3.1 National Sphere = 30
2.3.2 Provincial Sphere = 32
2.3.2.1 Gauteng Department of Housing = 32
2.3.2.2 Western Cape Department of Housing = 33
2.3.2.3 Mpumalanga Department of Housing = 34
2.3.2.4 KwaZulu-Natal Department of Housing = 34
2.3.2.5 Free State Department of Housing = 35
2.3.2.6 Limpopo Department of Housing = 35
2.3.2.7 North West Department of Housing (NWDH) = 36
2.3.2.8 Eastern Cape Department of Housing = 36
2.3.2.9 Northern Cape Department of Housing = 37
2.4 Housing Delivery = 37
2.4.1General Indicators and the National Action Plan for Human Rights = 38
2.5 Case Studies = 40
2.5.1 Case Study 1: The Grootboom Judgement Two Years Later = 40
2.5.1.1 Background = 40
2.5.1.2 The Cape of Good Hope High Court = 41
2.5.1.3 The Constitutional Court = 41
2.5.1.4 Objective of the Case Study = 42
2.5.1.5 Implementation of the Court Order = 42
2.5.2 Case Study 2: A Community of Despair and Adversity. People with Special Needs = 43
2.5.2.1 Background = 43
2.5.2.2 The Problem = 43
2.5.2.3 Towards a Solution = 44
3. CHALLENGES FOR THE REALISATION OF THE RIGHT = 45
4. CRITIQUE OF MEASURES INSTITUTED = 46
4.1 Urban or Rural Focus = 47
4.2 Failure to Achieve the Key Outputs, Indicators and Targets Set = 48
4.3 Under Expenditure = 49
4.4 Policy/Programmes and HIV/AIDS = 49
4.5 Census 2001 and Housing Delivery for 2002/2003 = 50
4.6 Old Projects/Programmes v New Policy/Programme Directions = 50
4.7 Policy/Programmes and Farm Workers = 51
4.8 Global Context and Housing = 52
5. RECOMMENDATIONS = 52
5.1 Policy Coherence = 52
5.2 People with Special Needs = 53
5.3 Integration of Communities = 53
5.4 Planning = 53
5.5 Tribal Authorities and Land Availability = 54
5.6 Private Land Identified for Housing = 54
5.7 Culturally Adequate Housing = 54
5.8 Access to Information = 54
5.9 Public Participation = 55
5.10 Eviction = 56
5.11 Bonded Houses = 56
5.12 Farm Workers = 56
6. CONCLUSION = 56
<<water>>
LIST OF TABLES = vi
LIST OF FIGURES = vi
ACKNOWLEDGEMENTS = vii
INTRODUCTORY SECTION = viii
ACRONYMS = xxvi
EXECUTIVE SUMMARY . THE RIGHT TO WATER = 1
1 INTRODUCTION = 8
1.1 South African Constitutional and National Water Legislative Provisions = 8
1.2 Relevant Case Law = 10
1.3 International Instruments and Statements = 12
2 PROGRESS IN THE REALISATION OF THE RIGHT = 14
2.1 New National Policies and Programmes = 14
2.1.1 Review of Water Service Policy = .14
2.1.2 The Municipal Infrastructure Grant Policy = 14
2.1.3 Free Basic Sanitation Policy = 15
2.2 New Provincial Policies and Programmes = 16
2.2.1 KwaZulu-Natal Drought Relief Programme = 16
2.3 Indicators = 16
2.3.1 National Indicators of Water and Sanitation Infrastructure Delivery = 16
2.4 Ongoing Policies and Programmes = 21
2.4.1 Community Water and Sanitation Programme = 21
2.4.2 The Consolidated Municipal Infrastructure Programme = 22
2.4.3 Gauteng Province Department of Development Planning and Local Government = 23
2.4.4 Free Basic Water = 24
2.4.5 Pricing policy = 25
2.4.6 Bulk Water and Service Delivery Parastatals = 27
2.4.7 Piped Water Quality and Environmental health = 27
2.4.8 Cholera Prevention Strategy = 29
2.5 New National Legislative Measures = 30
2.5.1 Water Services Provider Contract Regulations = 31
2.6 New Provincial Legislative Measures = 31
2.6.1 Water and Sanitation (WATSAN) Act = 31
2.7 Budgetary Measures = 31
2.7.1 Department of Water Affairs and Forestry CWSS-P = 31
2.7.2 Department of Provincial and Local Government-CMIP = 32
2.7.3 Mpumalanga Province Department = 33
2.7.4 Limpopo Province Department of Local Government and Housing = 33
2.7.5 KwaZulu Natal Department of Traditional and Local Affairs = 34
2.7.6 Western Cape Province Department of Local Government = 34
2.7.7 Northern Cape Province Department of Housing and Local Government = 35
2.7.8 Gauteng Department of Development Planning and Local Government = 35
3 CHALLENGES FOR THE REALISATION OF WATER RIGHTS = 36
3.1 Department of Water Affairs and Forestry (DWAF) = 36
3.1.1 Monitoring Difficulties = 36
3.1.2 Free Basic Water Policy = 36
3.1.3 Sanitation policy = 37
3.1.4 Service sustainability = 37
3.1.5 Allocation of Funds = 38
3.1.6 Service Delivery to Farm Dwellers and Former Homelands next to Farmers = 38
3.1.7 Water Resource Management = 38
3.2 Department of Provincial and Local Government (DPLG) = 39
3.2.1 Monitoring of Polices and Laws Implemented at Municipal Level = 39
3.3 Provincial and Local government = 40
3.3.1 Implementation Difficulties = 40
3.3.1.1 Provincial Government = 40
3.3.1.2 Local Government = 41
4 CRITICAL ANALYSIS OF THE MEASURES INSTITUTED = 43
4.1 Water and Sanitation Infrastructure = 43
4.2 Free Basic Water policy = 44
4.3 Pricing = 46
4.4 Cross Subsidisation = 47
4.5 Privatisation = 47
4.6 Allocation of Water during Drought Season Among Competing users = 48
4.7 Provision of Water Services to Farm Dwellers and Residents near the Farm = 48
4.8 Provision of Sanitation Services = 48
4.9 Water Quality = 49
4.10 Budget allocation = 49
4.11 Monitoring of Instituted Measures = 50
4.12 Linking HIV/AIDS and Water Resource Management = 50
4.13 Distance from the household to the nearest communal tap = 51
5 RECOMMENDATIONS = 52
5.1 Water and Sanitation Infrastructure = 52
5.2 Free Basic Water Policy = 52
5.3 Pricing = 52
5.4 Cross subsidisation = 53
5.5 Provision of Sanitation Services to Poor Households = 53
5.6 Water Quality = 53
5.7 Allocation of Water Services during Drought Season Among Competing users = 54
5.8 Budgetary Allocations = 54
5.9 Monitoring of Instituted Measures = 54
5.10 Linkages between HIV/AIDS and Water Resource Management = 55
5.11 Distance from the household to the nearest communal tap = 55
5.12 Constitutional Obligations with Respect to Water Rights = 55
5.12.1 Respect = 55
5.12.2 Protect = 56
5.12.3 Promote = 56
5.12.4 Fulfil = 56
6 CONCLUSION = 57
LIST OF TABLES = v
ACKNOWLEDGEMENTS = vi
INTRODUCTORY SECTION = vii
ACRONYMS = xxiv
EXECUTIVE SUMMARY . RIGHT TO LAND = 1
1 INTRODUCTION = 8
1.1 Developments in the Meaning and Content of the Right = 8
1.2 International Standards = 10
2 PROGRESS IN THE REALISATION OF LAND RIGHTS = 11
2.1 Policies and Programmes = 11
2.1.1 Land Restitution = 11
2.1.2 Land Redistribution = 15
2.1.3 Tenure Reform = 19
2.2 LEGISLATIVE MEASURES = 22
2.2.1 Restitution of Land Rights Amendment Bill (2003) = 22
2.2.2 Land Redistribution = 23
2.2.3 Tenure Reform = 24
2.3 Budget = 26
2.3.1 The National Budget = 26
2.3.2 The Budget for Land Restitution = 26
2.3.3 The Budget for Land Redistribution and Tenure Reform = 27
3 CHALLENGES FOR THE REALISATION OF LAND RIGHTS = 28
3.1 Restitution = 28
3.2 Redistribution = 29
3.3 Tenure Reform = 30
4 CRITIQUE = 31
4.1 Restitution = 31
4.2 Land Redistribution = 32
4.3 Tenure Reform = 35
4.3.1 Evictions = 36
4.4 The Budget = 37
4.4.1 Restitution = 37
4.4.2 Redistribution and Tenure Reform = 38
4.5 Reasonableness of Measures = 38
4.6 Availability of Resources = 39
4.7 Progressive Realisation = 40
4.8 Constitutional Obligations = 41
5 RECOMMENDATIONS = 43
6 CONCLUSION = 44
<<food>>
LIST OF TABLES = vi
LIST OF FIGURES = vi
ACKNOWLEDGEMENTS = vii
INTRODUCTORY SECTION = viii
ACRONYMS = xxvi
EXECUTIVE SUMMARY - THE RIGHT TO FOOD = 1
1 INTRODUCTION = 6
1.1 CONSTITUTIONAL PROVISIONS = 6
1.2 RELEVANT CASE LAW = 8
1.3 INTERNATIONAL INSTRUMENTS = 8
2 PROGRESS IN THE REALISATION OF THE RIGHT = 11
2.1 NEW POLICIES AND PROGRAMMES = 11
2.1.1 National Government = 11
2.1.1.1 Integrated Food Security Strategy for South Africa = 11
2.1.1.2 Integrated Management of Agricultural Water Use = 13
2.1.1.3 Integrated Food Security and Nutrition Programme = 16
2.1.1.4 Social Security Nets and Food Emergency Measures = 16
2.1.1.5 Improving Nutrition and Food Safety = 16
2.1.1.6 Food Production and Trading Measures = 17
2.1.1.7 Income Generation and Job Creation = 20
2.1.1.8 Food Security and Information Management System = 20
2.1.2 Provincial Government = 20
2.1.2.1 Improving Nutrition and Food Safety = 20
2.1.2.2 Food Production and Trading Measures = 22
2.2 NEW LEGISLATIVE DEVELOPMENTS = 22
2.2.1 National Government = 22
2.2.1.1 Improving Nutrition and Food Safety = 22
2.2.1.2 Food Production and Trading = 24
2.2.1.3 Social Security Nets = 26
2.2.2 Provincial Government = 26
2.2.2.1 Improving Nutrition and Food Safety = 26
2.2.2.2 Food Production and Trade = 27
2.3 PROGRESS IN IMPLEMENTING ONGOING PROGRAMMES = 27
2.3.1 Improving Nutrition and Food Safety = 27
2.3.1.1 Integrated Nutrition Programme = 27
2.3.1.2 Primary School Nutrition Programme = 28
2.3.1.3 Community Based Nutrition Programme = 31
2.3.1.4 Nutrition Interventions at Health Facilities - Child Malnutrition = 31
2.3.1.5 Baby Friendly Hospital Initiative = 36
2.3.1.6 Nutritional Supplementation for People Living with TB and/or HIV/AIDS = 36
2.3.1.7 Food safety = 36
2.3.2 Food Production and Trade . National = 36
2.3.2.1 Agricultural Research and Technology = 36
2.3.2.2 The Special Programme for Food Security (SPFS) = 37
2.3.2.3 The LandCare Programme = 37
2.3.2.4 Water Use and Irrigation Development = 38
2.3.2.5 Financial Services and Co-operative Development = 38
2.3.2.6 Farmer Settlement Programme = 39
2.3.3 Food production and trade . Provincial = 39
2.3.3.1 Eastern Cape = 39
2.3.3.2 KwaZulu-Natal = 40
2.3.3.3 Free State = 41
2.3.3.4 Mpumalanga = 42
2.3.3.5 North West = 44
2.3.3.6 Western Cape = 45
2.3.3.7 Limpopo = 46
2.3.3.8 Northern Cape = 48
2.3.3.9 Gauteng = 48
2.3.4 Income Generation and Job Creation Opportunities = 49
2.3.4.1 Public Works Programme = 49
2.4 BUDGETARY MEASURES = 50
2.4.1 Improving Nutrition = 50
2.4.2 Food Production and Trade = 52
2.4.2.1 LandCare Programme = 52
2.4.2.2 Agricultural Risk Management . Water Use and Irrigation Development = 53
2.4.2.3 Provincial Agriculture Departments = 53
3 CHALLENGES FOR THE REALISATION OF ECONOMIC AND SOCIAL RIGHTS = 54
3.1 CORRUPTION = 54
3.2 THE DELIVERY OF BASIC SERVICES = 54
3.3 GENDER AND THE RIGHT TO FOOD = 55
3.4 ROLE OF CIVIL SOCIETY = 55
3.5 MONITORING, EVALUATION AND COMMUNICATION = 55
3.6 INTEGRATION = 56
4 CRITIQUE OF MEASURES INSTITUTED = 57
4.1 INADEQUATE PROTECTION OF THE RIGHT TO FOOD = 57
4.2 THE SEVERITY OF HUNGER AND MALNUTRITION = 59
4.2.1 The Scale of Absolute Poverty = 59
4.2.2 The Number of Stunted, Underweight, Wasted and Severely Malnourished Children = 60
4.2.3 Malnutrition Related Deaths = 62
4.3 UNREASONABLE OPERATIONAL PLANNING = 63
4.4 THE REGULATORY SYSTEM REGARDING FOOD QUALITY = 63
4.5 THE LEVEL OF PARTICIPATION BY THOSE DIRECTLY AFFECTED = .64
4.6 THE APPROPRIATENESS OF INTERVENTIONS = 64
5 RECOMMENDATIONS = 65
<<health>>
LIST OF TABLES = vi
ACKNOWLEDGEMENTS = vii
INTRODUCTORY SECTION = viii
ACRONYMS = xxv
EXECUTIVE SUMMARY-THE RIGHT TO HEALTH CARE = 1
1 INTRODUCTION = 8
1.1 Constitutional Provisions and the Normative Content of the Right to Health Care = 8
1.1.1 Constitutional Provisions = 9
1.1.2 Normative content of the right to health = 9
1.1.3 Core Entitlements = 10
1.1.4 State obligations = 10
1.2 Implementation = 11
1.3 Recent Developments = 11
1.4 Children’s right to basic health care = 12
2 PROGRESS TOWARDS THE REALISATION OF THE RIGHT TO HEALTH CARE = 13
2.1 Key Programmes = 13
2.2 New Policy and Programmatic Measures = 14
2.2.1 The Right to Health Care Services for Everyone = 14
2.2.1.1 National Sphere = 14
2.2.1.2 Provincial Sphere = 14
2.2.2 Children’s Rights to Basic Health Care Services = 15
2.2.2.1 National Sphere = 15
2.2.2.2 Provincial Sphere = 16
2.3 Developments in Key On-going Programmes and Projects = 16
2.3.1 Health Service Delivery = 16
2.3.1.1 Reducing Morbidity and Mortality Rates (Maternal, Women) = 16
2.3.1.2 Reducing Morbidity and Mortality Rates in Children = 21
2.3.1.3 Infectious Diseases = 26
2.3.1.4 Non-Communicable Diseases = 28
2.3.1.5 Emergency Medical Services (EMS) = 28
2.3.1.6 Revitalisation of Public Hospitals = 32
2.3.1.7 Case Studies = 35
2.3.2 Strategic Health Programmes = 39
2.3.2.1 The Syndromic Management of HIV/AIDS, STIs and TB = 39
2.3.2.2 Prevention of Mother to Child Transmission (PMTCT) = 40
2.3.2.3 Tuberculosis = 43
2.3.2.4 Home-based care = 44
2.3.2.5 Provincial Sphere = 44
2.4 Legislative measures = 49
2.4.1 National Sphere = 49
2.4.1.1 The Mental Health Care Act 17 of 2002 = 50
2.4.1.2 The Medical Schemes Amendment Act 62 of 2002 = 51
2.4.1.3 The Occupational Diseases in Mines and Works Amendment Act 60 of 2002 = 51
2.4.1.4 The Medicines and Related Substances Amendment Act 59 of 2002 = 51
2.4.1.5 Regulations and notices promulgated during 2002 = 52
2.4.1.6 Bills drafted during 2002 = 52
2.4.2 Provincial Sphere = 54
2.4.3 Jurisprudence = 55
2.5 Budgetary Measures = 57
2.5.1 National Sphere = 57
2.5.2 Provincial budgets = 60
2.5.2.1 Overall budget and expenditure trends- Key Features = 60
2.6 Vulnerable Groups = 65
3 CHALLENGES FOR REALISATION OF THE RIGHT TO HEALTH CARE = 65
4 CRITIQUE OF MEASURES INSTITUTED = 68
4.1 The District Health Information System- Indicators = 69
4.2 Reducing Morbidity and Mortality Rates in Women, Maternal and Children = 69
4.3 AIDS and TB = 71
4.4 Tuberculosis = 72
4.5 Breast and Cervical Cancer = 72
4.6 Violence against women = 72
4.7 Home-Based Care = 72
4.8 Programmes for the elderly = 73
4.9 Cholera = 73
4.10 Legislative measures = 73
4.11 Budgetary Measures = 74
5 RECOMMENDATIONS = 75
5.1Policies = 75
5.2 Legislation = 75
5.3 Budgetary Measures = 75
5.4 HIV/AIDS/STIs/TB = 76
5.5 Sanitation = 76
5.6 Information Systems, Monitoring and Evaluation = 77
5.7 Capacity and numbers of health professionals = 77
5.8 Inequalities = 78
<<social security>>
LIST OF TABLES = v
LIST OF FIGURES = v
ACKNOWLEDGEMENTS = vi
INTRODUCTORY SECTION = vii
ACRONYMS = xxv
EXECUTIVE SUMMARY - SOCIAL SECURITY = 1
1 INTRODUCTION = 4
1.1 Meaning and Content = 4
1.2 International Perspective = 4
1.3 National Perspective = 5
2 PROGRESS IN THE REALISATION OF THE RIGHT TO ACCESS SOCIAL SECURITY = 7
2.1 Policies and Programmes = 8
2.1.1 National Sphere = 8
2.1.1.1 Department of Social Development = 8
2.1.1.2 Department of Labour = 10
2.2 Legislative Measures = 11
2.2.1 National Sphere = 11
2.2.1.1 Department of Social Development = 11
2.2.1.2 Department of Labour = 11
2.3 Budgetary Measures = 12
2.3.1 National Sphere = 12
2.3.1.1 National Department of Social Development = 12
2.3.2 Provincial Sphere = 14
2.3.2.1 Social Assistance Grants = 15
2.3.2.2 HIV/AIDS Programme = 17
2.3.2.3 Poverty Relief Allocations = 18
2.4 Indicators = 18
2.4.1 Grant Indicators = 18
2.4.2 Income Indicators = 21
2.4.3 Infrastructure Indicators = 24
2.5 The Impact of the Measures on Vulnerable Groups = 25
2.5.1 Women, Youth and People with Disabilities = 25
2.5.2 Children = 25
2.5.2.1 Child Support Grant = 25
2.5.2.2 Children living in the streets = 26
2.5.2.3 Child-Headed Households = 26
2.5.2.4 Children infected or affected by HIV/AIDS = 26
2.5.2.5 Children and Juveniles in Prison = 27
2.5.3 Older Persons = 28
3 CHALLENGES FOR THE REALISATION OF THE RIGHT TO ACCESS SOCIAL SECURITY = 28
3.1 Administration = 28
3.2 Documentation = 29
3.3 Government response to challenges = 29
3.4 Corruption and mismanagement = 30
3.5 Challenges for the Department of Labour = 30
4 CRITIQUE OF MEASURES INSTITUTED = 31
4.1 The Scope of Coverage = 31
4.2 Targeting = 34
4.3 People with disabilities = 34
4.4 Atypical Workers = 35
4.5 Children = 36
4.5.1 Child Support Grant = 36
4.5.2 The Care Dependency Grant and the Foster Care Grant = 36
4.5.3 HIV/AIDS, Disability grants and Care Dependency Grants = 36
4.5.4 HIV/AIDS and Child Labour = 36
4.6 Social insurance = 37
5 RECOMMENDATIONS = 37
<<environment>>
LIST OF TABLES = vi
ACKNOWLEDGEMENTS = vii
INTRODUCTORY SECTION = viii
1 INTRODUCTION = 1
1.1 The Meaning and Content of the Right to Environment = 2
1.1.1 International instruments = 2
1.1.2 The Procedural Character of the Right = 3
1.1.3 The Relational Character of the Right = 5
1.2 The International Context of State Obligations = 6
1.3 The National Context of State Obligations = 7
2 PROGRESS IN THE REALISATION OF ENVIRONMENTAL RIGHTS = 8
2.1 National Policies and Programmes = 8
2.1.1 Department of Environmental Affairs and Tourism = 8
2.1.2 Department of Water Affairs and Forestry (DWAF) = 17
2.1.3 Department of Minerals and Energy = 23
2.2 Provincial Policies and Programmes = 27
2.2.1 Gauteng = 27
2.2.2 Free State = 30
2.3 Legislative Measures = 32
2.3.1 Department of Environmental Affairs and Tourism = 32
2.3.2 DWAF = 34
2.3.3 DME = 34
2.3.4 Gauteng (DACEL) = 35
2.3.5 Free State (DTEEA) = 35
2.4 Budgetary Measures = 35
2.4.1 DEAT = 35
2.4.2 DME = 36
2.4.3 DWAF = 37
2.4.4 Gauteng = 39
2.4.5 Free State -Department of Tourism, Environmental and Economic Affairs (DTEEA) = 40
3 CHALLENGES = 40
3.1 Inadequate information reporting and monitoring systems: = 40
3.2 Making cooperative governance work = 41
3.3 Inadequate human resource and financial capacity: = 44
3.4 Integrating environmental management into the planning process = 44
3.5 Implementing the Polluter Pays Principle = 45
3.6 Implementing the outcomes of the WSSD = 45
3.7 Lengthy EIA Processes = 46
3.8 Maladministration and corruption = 46
4 CRITIQUE OF THE MEASURES INSTITUTED = 47
4.1 Cooperative Governance = 48
4.2 Monitoring Realisation of the Right - Compliance Enforcement and Protection Issues = 49
4.2.1 Inadequate Environmental Indicators and Measurement Systems = 49
4.2.2 Enforcement of environmental laws and regulations = 50
4.3 Waste Management and Pollution Control = 52
4.3.1 Assessment of the allocation of responsibilities for pollution control and management = 52
4.3.2 Pollution Prevention, Waste Minimisation, Impact Management and Remediation = 53
4.3.3 Biodiversity and Conservation = 61
4.3.4 Promoting Ecologically Sustainable Development and use of Natural Resources = 61
5 RECOMMENDATIONS = 65
<<education>>
LIST OF TABLES = v
ACKNOWLEDGEMENTS = viii
INTRODUCTORY SECTION = ix
ACRONYMS = xxvi
THE RIGHT TO GENERAL EDUCATION AND TRAINING - EXECUTIVE SUMMARY = 1
GENERAL EDUCATION AND TRAINING = 6
1 INTRODUCTION = 6
1.1 Meaning and Content of the Right = 6
1.2 South African Constitutional Obligations = 7
1.3 Analysis = 8
2 PROGRESS IN THE REALISATION OF THE RIGHT = 8
2.1 New Policy and Programmatic Measures = 8
2.1.1 National Sphere = 8
2.1.1.1 Curriculum Measures = 9
2.1.1.2 School Nutrition Interventions = 9
2.1.1.3 School Safety Programme = 9
2.1.1.4 The Regulations to Prohibit Initiation Practices in Schools = 9
2.1.1.5 Teacher Development = 10
2.2 New Legislative Measures = 10
2.2.1 National Sphere = 10
2.2.1.1 Education Laws Amendment Bill of 2002 = 10
2.3 Budgetary Measures Affecting the Right to Education = 11
2.3.1 National Sphere = 11
2.3.1.1 Thuba Makote and Infrastructure Development = 12
2.3.1.2 Early Childhood Development = 13
2.3.1.3 HIV/AIDS Training = 14
2.3.1.4 Teacher Development Programme = 15
2.3.1.5 Adult Basic Education and Ikhwelo Project = 15
2.3.2 Provincial Sphere = 16
2.3.2.1 Gauteng Department of Education = 16
2.3.2.2 Western Cape Department of Education = 18
2.4 Policies, Programmes and Projects = 18
2.4.1 White Papers on Early Childhood Development and Inclusive Education = 20
2.4.2 Capacity-Building Programme for School Management Teams = 21
2.4.3 Adult Basic Education and Training = 21
2.4.4 Whole School Evaluation Programme = 21
2.4.5 Values in Education = 22
2.4.6 Education and Communication Technology = 22
2.4.7 HIV/AIDS Training Programme = 22
2.4.8 Advocacy Campaigns to Raise the Levels of Awareness of the Right to Apply for Exemption from Payment of School Fees = 23
3 CHALLENGES FOR THE REALISATION OF THE RIGHT TO EDUCATION = 23
3.1 Access to Schooling = 23
3.2 School Fees Exemption = 24
3.3 Inequities in Post-Provisioning = 25
3.4 Translation of School Allocations into Goods and Services = 25
3.5 Infrastructure Development = 27
3.6 Ineffective Procurement Strategies = 27
3.7 Textbook Pricing = 27
3.8 Implementation of ECD Policy = 27
3.9 HIV/AIDS and Life Skills = 28
3.10 Adult Basic Education and Training = 28
3.11 Farm Schools Conditions = 29
3.12 Sexual Abuse and Violence in Schools = 30
4 CRITIQUE = 31
4.1 Is the Right to Education Being Realised? = 35
4.2 Constitutional Obligations = 37
4.3 General Conclusion on the Realisation of the Right to Education = 39
5 RECOMMENDATIONS = 40
THE RIGHT TO FURTHER EDUCATION AND TRAINING . EXECUTIVE SUMMARY = 43
THE RIGHT TO FURTHER EDUCATION AND TRAINING = 46
6 POLICY AND PROGRAMMATIC MEASURES = 46
6.1 National Policy and Programmatic Measures = 46
6.1.1 National Curriculum Statements for Grades 10 to 12 = 46
6.2 National Legislative Measures = 46
6.2.1 Education Laws Amendment Bill of 2002 = 46
6.2.1.1 Further Education and Training Act No. 98 of 1998 = 46
6.3 Provincial Policy and Programmatic Measures = 47
6.4 Budgetary Measures = 48
7 PROGRESS IN THE REALISATION OF THE RIGHT TO FET = 51
8 CHALLENGES FOR THE REALISATION OF THE RIGHT TO FET = 53
9 GENERAL INDICATORS = 55
10 CRITIQUE = 59
10.1 Constitutional Obligations = 61
10.2 Learner Performance in Mathematics and Physical Science FET Secondary = 61
11 RECOMMENDATIONS = 64
HIGHER EDUCATION - EXECUTIVE SUMMARY = 65
HIGHER EDUCATION = 69
12 INTRODUCTION = 69
13 POLICY, PROGRAMMATIC AND LEGISLATIVE MEASURES = 69
13.1 Policies and programmatic measures = 69
13.1.1 Language Policy = 69
13.1.2 Higher Education Act 101 of 1997: Government Gazette No 22 138, Notice Number 230 = 70
13.1.3 National Higher Education Information and Applications Service for South Africa = 70
13.1.4 Funding of Public Higher Education: A New Framework = 71
13.2 Legislative developments = 72
13.3 BUDGETARY MEASURES = 72
14 PROGRESS AND CHALLENGES IN HIGHER EDUCATION = 73
14.1 Access to Higher Education = 74
14.2 Improvement of Participation Rates = 74
14.3 Representation of Black Staff in some Higher Learning Institutions = 77
14.4 Graduation Trends = 78
15 CRITIQUE = 78
16 RECOMMENDATIONS = 82
<<housing>>
LIST OF TABLES = iv
LIST OF FIGURES = iv
ACKNOWLEDGEMENTS = v
INTRODUCTORY SECTION = vi
ACRONYMS = xxiv
EXECUTIVE SUMMARY - THE RIGHT OF ACCESS TO ADEQUATE HOUSING = 1
1. INTRODUCTION = 5
1.1 Constitutional Obligations = 5
1.2 International instruments = 7
2. PROGRESS IN THE REALISATION OF THE RIGHT = 8
2.1 New Policies and Programme Measures = 8
2.1.1 National Department of Housing = 8
2.1.1.1 Medium Density Housing = 8
2.1.1.2 Rental Housing Policy Framework = 8
2.1.1.3 Social Housing = 9
2.1.1.4 Emergency Housing Policy = 12
2.1.1.5 National Home Builders Registration Council’s Warranty Scheme = 14
2.1.1.6 Human Settlement Redevelopment Programme (HSRP) = 15
2.1.1.7 Adjustment of the Quantum of the Subsidy Amount = 16
2.1.2 Provincial Departments of Housing = 16
2.1.2.1 Gauteng Department of Housing = 17
2.1.2.2 Western Cape Department of Housing = 20
2.1.2.3 Mpumalanga Department of Housing = 21
2.1.2.4 KwaZulu-Natal Department of Housing = 22
2.1.2.5 Free State Department of Housing = 23
2.1.2.6 Limpopo Department of Housing = 23
2.1.2.7 Northern Cape Department of Housing = 24
2.1.2.8 North West Department of Housing = 24
2.1.2.9 Eastern Cape Department of Housing = 25
2.2 Legislative Measures = 25
2.2.1 PIE Amendment Bill = 25
2.2.2 The Community Reinvestment Bil = 27
2 2.3 Home Loan and Mortgage Disclosure Act 63 of 2000 (HLAMDA) = 29
2.2.4 Amendment to the Housing Act 107 of 1997 = 29
2.2.5 Disestablishment of South African Housing Trust Limited Act No 26 of 2002 = 29
2.3 Budgetary Measures = 30
2.3.1 National Sphere = 30
2.3.2 Provincial Sphere = 32
2.3.2.1 Gauteng Department of Housing = 32
2.3.2.2 Western Cape Department of Housing = 33
2.3.2.3 Mpumalanga Department of Housing = 34
2.3.2.4 KwaZulu-Natal Department of Housing = 34
2.3.2.5 Free State Department of Housing = 35
2.3.2.6 Limpopo Department of Housing = 35
2.3.2.7 North West Department of Housing (NWDH) = 36
2.3.2.8 Eastern Cape Department of Housing = 36
2.3.2.9 Northern Cape Department of Housing = 37
2.4 Housing Delivery = 37
2.4.1General Indicators and the National Action Plan for Human Rights = 38
2.5 Case Studies = 40
2.5.1 Case Study 1: The Grootboom Judgement Two Years Later = 40
2.5.1.1 Background = 40
2.5.1.2 The Cape of Good Hope High Court = 41
2.5.1.3 The Constitutional Court = 41
2.5.1.4 Objective of the Case Study = 42
2.5.1.5 Implementation of the Court Order = 42
2.5.2 Case Study 2: A Community of Despair and Adversity. People with Special Needs = 43
2.5.2.1 Background = 43
2.5.2.2 The Problem = 43
2.5.2.3 Towards a Solution = 44
3. CHALLENGES FOR THE REALISATION OF THE RIGHT = 45
4. CRITIQUE OF MEASURES INSTITUTED = 46
4.1 Urban or Rural Focus = 47
4.2 Failure to Achieve the Key Outputs, Indicators and Targets Set = 48
4.3 Under Expenditure = 49
4.4 Policy/Programmes and HIV/AIDS = 49
4.5 Census 2001 and Housing Delivery for 2002/2003 = 50
4.6 Old Projects/Programmes v New Policy/Programme Directions = 50
4.7 Policy/Programmes and Farm Workers = 51
4.8 Global Context and Housing = 52
5. RECOMMENDATIONS = 52
5.1 Policy Coherence = 52
5.2 People with Special Needs = 53
5.3 Integration of Communities = 53
5.4 Planning = 53
5.5 Tribal Authorities and Land Availability = 54
5.6 Private Land Identified for Housing = 54
5.7 Culturally Adequate Housing = 54
5.8 Access to Information = 54
5.9 Public Participation = 55
5.10 Eviction = 56
5.11 Bonded Houses = 56
5.12 Farm Workers = 56
6. CONCLUSION = 56
<<water>>
LIST OF TABLES = vi
LIST OF FIGURES = vi
ACKNOWLEDGEMENTS = vii
INTRODUCTORY SECTION = viii
ACRONYMS = xxvi
EXECUTIVE SUMMARY . THE RIGHT TO WATER = 1
1 INTRODUCTION = 8
1.1 South African Constitutional and National Water Legislative Provisions = 8
1.2 Relevant Case Law = 10
1.3 International Instruments and Statements = 12
2 PROGRESS IN THE REALISATION OF THE RIGHT = 14
2.1 New National Policies and Programmes = 14
2.1.1 Review of Water Service Policy = .14
2.1.2 The Municipal Infrastructure Grant Policy = 14
2.1.3 Free Basic Sanitation Policy = 15
2.2 New Provincial Policies and Programmes = 16
2.2.1 KwaZulu-Natal Drought Relief Programme = 16
2.3 Indicators = 16
2.3.1 National Indicators of Water and Sanitation Infrastructure Delivery = 16
2.4 Ongoing Policies and Programmes = 21
2.4.1 Community Water and Sanitation Programme = 21
2.4.2 The Consolidated Municipal Infrastructure Programme = 22
2.4.3 Gauteng Province Department of Development Planning and Local Government = 23
2.4.4 Free Basic Water = 24
2.4.5 Pricing policy = 25
2.4.6 Bulk Water and Service Delivery Parastatals = 27
2.4.7 Piped Water Quality and Environmental health = 27
2.4.8 Cholera Prevention Strategy = 29
2.5 New National Legislative Measures = 30
2.5.1 Water Services Provider Contract Regulations = 31
2.6 New Provincial Legislative Measures = 31
2.6.1 Water and Sanitation (WATSAN) Act = 31
2.7 Budgetary Measures = 31
2.7.1 Department of Water Affairs and Forestry CWSS-P = 31
2.7.2 Department of Provincial and Local Government-CMIP = 32
2.7.3 Mpumalanga Province Department = 33
2.7.4 Limpopo Province Department of Local Government and Housing = 33
2.7.5 KwaZulu Natal Department of Traditional and Local Affairs = 34
2.7.6 Western Cape Province Department of Local Government = 34
2.7.7 Northern Cape Province Department of Housing and Local Government = 35
2.7.8 Gauteng Department of Development Planning and Local Government = 35
3 CHALLENGES FOR THE REALISATION OF WATER RIGHTS = 36
3.1 Department of Water Affairs and Forestry (DWAF) = 36
3.1.1 Monitoring Difficulties = 36
3.1.2 Free Basic Water Policy = 36
3.1.3 Sanitation policy = 37
3.1.4 Service sustainability = 37
3.1.5 Allocation of Funds = 38
3.1.6 Service Delivery to Farm Dwellers and Former Homelands next to Farmers = 38
3.1.7 Water Resource Management = 38
3.2 Department of Provincial and Local Government (DPLG) = 39
3.2.1 Monitoring of Polices and Laws Implemented at Municipal Level = 39
3.3 Provincial and Local government = 40
3.3.1 Implementation Difficulties = 40
3.3.1.1 Provincial Government = 40
3.3.1.2 Local Government = 41
4 CRITICAL ANALYSIS OF THE MEASURES INSTITUTED = 43
4.1 Water and Sanitation Infrastructure = 43
4.2 Free Basic Water policy = 44
4.3 Pricing = 46
4.4 Cross Subsidisation = 47
4.5 Privatisation = 47
4.6 Allocation of Water during Drought Season Among Competing users = 48
4.7 Provision of Water Services to Farm Dwellers and Residents near the Farm = 48
4.8 Provision of Sanitation Services = 48
4.9 Water Quality = 49
4.10 Budget allocation = 49
4.11 Monitoring of Instituted Measures = 50
4.12 Linking HIV/AIDS and Water Resource Management = 50
4.13 Distance from the household to the nearest communal tap = 51
5 RECOMMENDATIONS = 52
5.1 Water and Sanitation Infrastructure = 52
5.2 Free Basic Water Policy = 52
5.3 Pricing = 52
5.4 Cross subsidisation = 53
5.5 Provision of Sanitation Services to Poor Households = 53
5.6 Water Quality = 53
5.7 Allocation of Water Services during Drought Season Among Competing users = 54
5.8 Budgetary Allocations = 54
5.9 Monitoring of Instituted Measures = 54
5.10 Linkages between HIV/AIDS and Water Resource Management = 55
5.11 Distance from the household to the nearest communal tap = 55
5.12 Constitutional Obligations with Respect to Water Rights = 55
5.12.1 Respect = 55
5.12.2 Protect = 56
5.12.3 Promote = 56
5.12.4 Fulfil = 56
6 CONCLUSION = 57