Human Settlements Ombudsman
- Profile of the Ombudsman Mr Themba Mthethwa
- Dispute Resolution Application Form
- Dispute Resolution Process
OBJECTIVES
2.1 Improve openness and transparency in the Human Settlements Sector
2.2 Increase
public confidence in Government,
2.3 Improve efficiency, effectiveness of government
operations as it relate to Human Settlements,
2.4 To provide an accessible mechanism
for redress in the Human Settlements Sector (as opposed to time-consuming, costly
judiciary processes)
2.5 Drastically reduce (and ultimately eliminate) the number
of human settlement related complaints directed to:
2.5.1 The Minister of Human Settlements
directly; and
2.5.2 External parties (Presidential hotline, Public Protector, courts)
2.6
Promote constitutional right to housing
SCOPE OF WORK
3.1 Resolve disputes in the human
settlements sector:
3.1.1 Community / individual/ service providers complaints against
municipalities / provinces
3.1.2 Complaints between spheres of government in the human
settlements sector
3.1.3 Complaints between government entities and their service
providers in the human settlements sector
3.1.4 Home ownership disputes in respect
of houses provided by government (title restoration)
3.1.5 Complaints between individual
homeowners and the government entities
3.1.6 Complaints between the EAAB and real
estate agencies
3.1.7 Complaints between CSOS and body corporates
LEGAL BASIS
1.1 Section
26 of the Constitution: State has constitutional obligation to take reasonable legislative
and other measures, within its available resources, to achieve progressive realisation
of right of access to adequate housing.
1.2 Section 195 of the Constitution - Public
administration must be governed by the democratic values and principles enshrined
in the Constitution.
1.3 Khumalo and Another v MEC For Education: Kwazulu Natal (CCT
10/13) [2013] ZACC 49; 2014 (3) BCLR 333 (Cc) (18 December 2013
Public functionaries,
as the arms of the state, are further vested with the responsibility, in terms of
section 7(2) of the Constitution, to “respect, protect, promote and fulfil the rights
in the Bill of Rights.” As bearers of this duty, and in performing their functions
in the public interest, public functionaries must, where faced with an irregularity
in the public administration, seek to redress it. …Section 195 lays a compelling
basis for the founding of a duty on the functionary to investigate and, if need be,
to correct any unlawfulness through the appropriate avenues.
1.4 Sec 2(1) of Housing
Act: National, provincial and local spheres government must
1.4.1 ensure that housing
development is administered in a transparent and equitable manner, and upholds the
practice of good governance;
1.4.2 promote education and consumer protection in respect
of housing development;
1.4.3 observe and adhere to the principles of cooperative
government and intergovernmental relations referred to in section 41(I) of the Constitution.
1.5 In terms of section 3(4) of Housing Act the Minister may, for the purposes of
performing the duties imposed by subsections (1) and (2) take any steps “reasonably
necessary to create an environment conducive to enabling provincial and local governments,
the private sector, communities and individuals to achieve their respective goals
in respect of housing development.”
