Browsing by Author "Sameera, Mahomedy"

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    Investigating the role of participation in the upgrading of informal settlements : identifying challenges and opportunities
    (Stellenbosch : Stellenbosch University, 2022-03) Sameera, Mahomedy; Boggenpoel, Zsa-Zsa; Boggenpoel, Z. T.; Stellenbosch University. Faculty of Law. Dept. of Private Law.
    ENGLISH ABSTRACT: The advent of the Constitution of the Republic of South Africa, 1996 was a major milestone for South Africa in terms of its potential to redress the atrocities of colonialism and apartheid. While this has resulted in major legal developments, the consequences of colonialism and apartheid are still present and can be seen in the continuation of vast socio-economic inequalities. One of the major remnants of apartheid is the large number of informal settlements that were established as a result of a combination of factors, which included various race-based planning legislation. Government has shifted its attention from conventional housing programmes, which focused on the incremental provision of subsidised housing, to upgrading existing settlements, specifically focusing on the in situ upgrading of informal settlements. Community participation and deliberation on the process of upgrading, as well as alternatives thereto, are vital. Participatory planning has the potential to provide solutions to social exclusion and to empower citizens. As such, it holds value in addressing issues related to informal settlements and achieving spatial justice. However, concerns relating to the implementation of participatory processes in the upgrading of informal settlements have been raised. Given the importance of participation in relation to upgrading informal settlements, it becomes necessary to place the involvement of the communities affected under the spotlight. It is this notion of participation in the context of upgrading informal settlements that is the focus of this dissertation. In particular, the study investigates the role that participation plays in upgrading informal settlements. This investigation is undertaken by examining the justifications posited for using participation in upgrading informal settlements as well as the criticisms thereof. Furthermore, this dissertation explores the theoretical role that participation plays by looking at various policies and programmes that govern the upgrading of informal settlements in South Africa to determine the extent to which participation features therein. The role that participation plays in practice is also evaluated through an investigation of case law pertaining to upgrading informal settlements. The theoretical and practical roles of participation in upgrading informal settlements are examined to determine whether the participatory processes used in the context of upgrading informal settlements are in line with the theory set out in this dissertation. For purposes of the study, a comparative perspective is useful. Brazil is of particular interest in this respect given that it shares a similar socio-economic climate and political history with South Africa as well as the parallels present in terms of informal settlement growth patterns and the use of participation to remedy this issue. This comparison aims to address challenges experienced in the South African context and to identify opportunities to strengthen the current approach to upgrading informal settlements in South Africa by providing recommendations that can assist with future upgrading projects and with public policy.