Elroy Paulus The Black Sash

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1 Elroy Paulus The Black Sash th Floor, 12 Plein Street Cape Town epaulus@blacksash.org.za City of Cape Town Page 1 of 8

2 SUBMISSION TO CITY OF CAPE TOWN ON 5 Year Plan for Cape Town Integrated Development Plan (IDP) 2007/8 2011/ /09 REVIEW SUBMITTED BY Introduction and background 30 April 2008 The Black Sash works to advance equality and social justice. We provide a paralegal service to those who need help in a variety of matters, including child support and other social grants, labour problems, debt and credit counselling and citizenship status. Our services are free. Our seven regional offices (Knysna; Cape Town; Port Elizabeth; Grahamstown; Pietermaritzburg; Durban and Gauteng Regional Offices) helped to recover R9.7 million for 6621 people in from government grants, private pensions and other social security. This money has proved critical in the alleviation of poverty for thousands of our clients, who in the process also recovered their right to dignity. Since 2003, more than cases were attended to by our regional office staff and the total amount of money recovered for our clients during this period amounted to R 65.3 million. Of these 8761 cases were attended to by our office based in Cape Town. Our new 5-year strategic plan is shaped by the following Programmes and Strategies. In particular, Programme 3 intersects most closely with the arena of local government. THE 3 x 3 : THE BLACK SASH PROGRAMMES Strategy 1: RIGHTS EDUCATION Strategy 2: ADVOCACY Strategy 3: ADVICE GIVING Programme 1 Comprehensive Social Protection: Campaigning to close the policy gaps & working for the realization of rights. Programme 2 Consumer Protection for the Poor: Building a fair credit and consumer environment. Programme 3: Making human rights real in marginalized communities Establishing accountable local governance and service delivery at the local level for effective social protection Individuals and groups are educated and informed of their rights to enable them to take action to access their rights within the area of social protection (social assistance, social insurance, social services and subsidies) and consumer protection (debt and credit). South Africa has legislation, policy and delivery systems, supported by appropriate budgets that promote comprehensive social and consumer protection for vulnerable members of our population. Individuals and Groups are enabled to exercise their Socio-Economic Rights as prescribed by the law Page 2 of 8

3 Preoccupation with economic growth We commend the City of Cape Town on the unqualified report by the Auditor General for the 2006/7 Financial Year and the highest credit rating in the country, from Moody s international ratings company. Whilst this is something that other cities and municipalities should aspire to, there remain many challenges facing the City. The first two Strategic Focus areas of the City of Cape Town s IDP are Shared economic growth and development and Sustainable Urban Infrastructure and Services, respectively. We contend that linked to the emphasis on economic performance, there is an unnecessary pre-occupation with it. Economic performance alone does not ensure equity through the significant redistribution of resources. Growth is important. However, within the South African context, it must be a trajectory that is labour-intensive; which develops skills and reduces income inequality. Yet, by the City s own evidence, the quality of life of many Cape Town residents during the past few years, despite economic growth between 5-6% during the period , has not improved, and in many circumstances, has worsened. This is borne out by IDP data which confirms that during the period , there was a trend towards rising poverty, from 25% in 1996 to 38% of households living below or marginally above the household poverty line in 2005 Source: City of Cape Town IDP Review 2008, p.31(see graph below). The reasons for this are manifold. However, the persistence of high inequality in education and other service provision as well as apartheid spatial geography appears critically linked to this continuing phenomenon. Surely such high levels of poverty represent a human rights crisis and present an urgent challenge to the City? Poverty is acknowledged, but we are dismayed by the bias revealed by the City of Cape Town Policy literature. A typical example includes the following cynical statement: Page 3 of 8

4 To become globally competitive and attract private sector investment, the City must provide a safe business and living environment, which in turn requires an improvement in the social conditions of the poor and unemployed - Source: City of Cape Town IDP Review 2008, p.29. We are concerned that the rationale for improving the plight of the poor is given as the conditions for economic growth and not in the first place our fellow Capetonians Constitutionally-entrenched socio-economic rights. Strategic Focus Areas -stronger focus on Social -; health and community development Whilst the IDP Review lists 8 foci that can address the challenges facing the City, we want to argue that these are skewed again in favour of growth rather than development. The foci do not sufficiently emphasise linkages to - or set conditions under which the economic growth and development path will ensure health, social and community development that will lead to poverty eradication and reduce income inequality. If the Strategic Focus Areas (SFA s) have been listed in order of importance, we would argue that SFA 7 has been given far too low a priority. Strategic Focus Area 1 Strategic focus area 2 Strategic Focus Area 3 Strategic Focus Area 4 Strategic Focus Area 5 Strategic Focus Area 6 Strategic Focus Area 7 Strategic Focus Area 8 : Shared Economic Growth and Development : Sustainable Urban Infrastructure and Services : Energy Efficiency for a Sustainable Future : Public Transport Systems : Integrated Human Settlements : Safety and Security : Health, Social and Community Development : Good Governance and Regulatory Reform Some economic and commercial developments dilute poor people s rights Since the beginning of 2008, the Black Sash has begun to work more closely with specific marginalized communities in the Metropole. One of these communities includes 42 respondents in a Cape High Court Notice of Eviction case in the Philippi area. This community is being displaced, for the second time, by a property owner, selling land to a commercial enterprise. This landowner has treated people who lived on his farm for decades very poorly, and in our view, is systematically trying to erode their rights entrenched in the Extension of Security of Tenure Act (ESTA). This is but one example of how commercial development can compete Page 4 of 8

5 for land that could alternatively provide secure tenure for poor people. Such a situation is exacerbated when individuals behave in such a way as to unfairly erode people s rights, acting often illegally or on the fringes of the law. We believe the City of Cape Town has a responsibility to demand of businesses that they act always within the due process of law, with adequate consultation and without using intimidation or other unethical practices to achieve their ends. We would like to be assured, as an organization working to protect the human rights of communities, that we can approach the City to support us when businesses profit motive clashes with thje rights of Capetonians. Job creation initiatives: The 169-page 2008 IDP Review lists the term job creation only 16 times, an average of once every 11 pages or so. We believe that the creation of quality jobs should be a stronger priority for the City of Cape Town. Some initiatives however are to be commended and have the potential to be expanded and emulated. In particular, the partnership with Calling the Cape that aims to integrate the City s Call Centre and the Job Centre in Athlone to provide permanent skills development facilities to create a positive learning environment for learners and communities must be taken forward. However, norms and standards for fair remuneration of learners and workers remain an important condition for this partnership to be sustainable in the long run. In particular, the targetted beneficiaries in the above project selected from the unemployed or never worked sector of black/coloured residents of Cape Town with a minimum of Grade 12 level, is to be encouraged. We encourage the City to upscale this kind of initiative substantially, since the extent of unemployment amongst the young is particularly high. Energy saving initiatives are forward thinking Furthermore, energy saving initiatives by the City of Cape Town have a long history. The annual IDP review correctly anticipates a process to enable the City to respond fast to changing circumstances as for example the electricity crisis and the threatened international and national economic slowdown. We therefore support the initiative that we are protected from Eskom s projected load shedding if business and residents are able to cut power use by 10%. We are of the view that this saving should be made across the board, in the public, private and industrial sectors, with due consideration for those who are already using a very low amount of electricity, namely the poor as well as highly efficient communities and organizations. Poor intergovernmental relations bedevils efficiency and delivery Page 5 of 8

6 The Black Sash has a thorough understanding of the division of responsibilities between the different spheres of government. We appreciate that certain spheres of government and types of municipalities have either exclusive or concurrent competencies for various services. However, to claim that local government cannot address problems in schools, hospitals, or in the South African Police Services, due to these being under the control of the Provincial Government can be perceived to be a rather trite statement that absolves local government of responsibility whether direct or indirect. Whilst the Constitution does set the tasks and responsibilities of the spheres of government, we urge that the Intergovernmental Relations Framework Act, 2005, Promulgated to establish a framework for the national government, provincial governments and local governments to promote and facilitate intergovernmental relations; to provide for mechanisms and procedures to facilitate the settlement of intergovernmental disputes., be applied in as progressive a manner as possible, by all 3 spheres of government We urge the leaders of local government (Councillors; senior officials and the Executive) to use all opportunities available to promote good intergovernmental relations. We are keenly aware also of the huge political tensions between the City of Cape Town and the Provincial and National Governments. Page 6 of 8

7 We are of the view that these tensions will increase over the next few months in the build up to the 2009 National Elections and urge all in local government to serve the residents of Cape Town in as responsible a manner as possible. It is very easy for any political party to seek cheap points by denying a group of residents (associated with a certain political party; or a rival candidate) essential services evidence of this is mounting especially in already poor and struggling communities. Reprioritize Health, Social and Human Capital Development with a focus on the South East Metropole We are of the view that Strategic Focus Area 7: Health, Social and Community Development, should be reprioritized as SFA 2, after infrastructure led economic growth. A few weeks ago, the Black Sash made a submission to the Standing Committee for Social Development in the Western Cape Provincial Legislature. We noted that the City of Cape Town previously received approximately R3 million from the Western Cape Provincial Government, and some capital allocation for the building of multipurpose centres, one of which will be in Kensington. Whilst the contribution by the Province to the City is very small, compared to the total budget, these allocations become more significant to Category B and C municipalities. We wish to enquire to what extent there have been sustained intergovernmental relations in order to link Expanded Public Works Programmes; Early Childhood Development initiatives and shared resources for Multipurpose Centres to human development in the City and what this impact has been, if any. We note that the City of Cape Town agrees that the issues of early childcare, substance abuse and homeless people will form the basis of social development projects, along with facilitating access to universal basic services and developing opportunities for unemployed people to participate in the economy and society. We note that a key indicator of the City s health, namely the Infant Mortality Rate, has had some improvement, down from 25.1% to 20.8% overall. Yet, for comparable middle income countries, this is a high figure. However, we note that, of the 8 regions tracked between , the Khayelitsha -, Eastern -; Klipfontein and Mitchell s Plain regions have had a mixed outcome and fared the poorest (see below). Page 7 of 8

8 This again, draws attention to the historically marginalized areas of the City of Cape Town needing a more interventionist approach by the City of Cape Town, along with other spheres of government. The Black Sash calls for a close working relationship with appropriate people/ departments within the City; and regular communication where our monitoring and work pick up issues. We hope to work together in the future to make human rights real. Some questions that we wish to clarify: 1. Land audit we wish to enquire about the status of the land audit that was done. Will this land be earmarked for social housing or only for business? To what extent will such land (especially within the City Bowl) be available for lower income earners. We remain concerned that buildings are becoming almost exclusively upmarket and unaffordable. 2. State of Readiness to implement the Children's Act We wish to enquire whether the City of Cape Town will perform functions related to Early Childhood Development. For enquiries regarding this Submission, please call: Elroy Paulus Advocacy Programme Manager The Black Sash / or epaulus@blacksash.org.za. Alternatively, please contact: Ms. Leonie Caroline Black Sash Regional Office Director: Cape Town or ctrd@blacksash.org.za Page 8 of 8

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