This working paper examines the opportunities, challenges and lessons of efforts to electrify informal settlements. It explains the legal and policy framework governing electricity provision, highlights challenges faced by informal settlement households in accessing electricity, unpacks two case studies, discusses the benefits and costs associated with electrifying informal settlements, and puts forward several solutions. The report seeks to deepen understanding of and provide solutions to several of the challenges that are identified. This working paper is informed by SERI’s experience of working with the community of Slovo Park, and draws on desktop research. It is based on an earlier working paper that was refined through engagements with community and technical experts. This report was written by Tiffany Ebrahim, Thato Masiangoako, and Nick Budlender (Consultant). This publication is accompanied by a set of factsheets that distill the key information from the working paper including important guiding principles and recommendations that should inform informal settlement electrification.
Access the factsheets below:
- Factsheet 1: Energy Poverty in South Africa.
- Factsheet 2: Risks faced by people in informal settlements.
- Factsheet 3: Slovo Park - A community-based organisation's story.
- Factsheet 4: The case for electrification.
- Factsheet 5: Guiding principles for informal settlement electrification.
- Factsheet 6: Recommendations for informal settlement electrification.
This paper adopts Section 25 (6) 2 and Sections 26 (1), (2) and (3) 3 of the Constitution as its starting points. Shortly after the Constitution was enacted, a set of tenure security laws were enacted to give immediate effect to Section 25 (6), pending the development of legislation providing permanent, positive rights.4 The Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act), which gave effect to section 26 (3), is one of these laws. The long-term legislation has not yet been developed. The summary report further recommends that the Department of Public Works also has a role to play in making better use of existing instruments, as it is responsible for land expropriation. Expropriation should be used to secure the tenure of a person or community living without it because of past racially discriminatory laws or practices. They should be able to request the Minister to consider whether to expropriate the land on which they reside for their benefit.
This paper adopts the redistribution clause in section 25 (5) of the Constitution as its starting point: “the state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.” On this basis SERI argues, in line with the Presidential Advisory Panel and High-Level Panel reports, that a law should be developed and enacted which gives effect to section 25(5) and that the in order to operationalise the approach we propose a process for fine-tuning urban equitable access principles, the main legislative measure (the Framework Act) and the policy measures (the various programmes). The summary report further recommends that expropriation should be employed as a significant mechanism in urban land redistribution. The voices of the urban landless should be heard on what land should be expropriated and when, either directly or indirectly. Ordinary South Africans and communities, who have not been able to gain access to land on an equitable basis, should be able to approach the Minister of Public Works to consider expropriation.
- Turning off the tap: Discontinuing Universal Access to Free Basic Water in the City of Johannesburg (2018).
This paper looks at the City of Johannesburg’s March 2017 decision to withdraw the universal provision of free basic water and its implications for the poor and their right of access to sufficient water. Since July 2017 only households registered as indigent can access 6 kilolitres of free basic water per month, the basic minimum as stipulated in national policy and legislation. The paper reviews policy and legislation regarding the provision of free basic water services in South Africa and summarises international lessons about narrow versus universal provision of social benefits. The paper concludes that the City should reconsider its decision to withdraw the universal provision of free basic water as it constitutes an unreasonable, regressive step in the realisation of the right to sufficient water.
This paper provides a human rights analysis of the right to housing in South Africa, first reviewing the legal, policy and functional frameworks governing housing, before undertaking a rights-based fault-line analysis of the systemic problems. The paper focuses on urban and peri-urban areas. It is part of a series of papers commissioned by the Foundation for Human Rights (FHR) in terms of which scholars and experts examine how far the realisation of socio-economic rights have advanced in South Africa. The paper was written by Jackie Dugard, with Michael Clark, Kate Tissington and Stuart Wilson.
This paper assesses the situation pertaining to basic water services in South Africa, first reviewing the legal, policy and functional frameworks, before undertaking a rights-based fault-line analysis of the systemic problems. It is part of a series of papers commissioned by the Foundation for Human Rights (FHR) in terms of which scholars and experts examine how far the realisation of socio-economic rights have advanced in South Africa. The paper was written by Jackie Dugard.
This paper assesses the situation pertaining to basic sanitation services in South Africa by reviewing the legal, policy and functional frameworks, and undertaking a rights-based fault-line analysis of the systemic problems. It is part of a series of papers commissioned by the Foundation for Human Rights (FHR) in terms of which scholars and experts examine how far the realisation of socio-economic rights have advanced in South Africa. The paper was written by Jackie Dugard.
- Informal Settlement Upgrading in South Africa: Linkages to Livelihood Creation, Informal Sector Development and Economic Opportunity Generation (November 2012)
This working paper was initially prepared by SERI for the Centre for Development and Enterprise (CDE) as part of a larger project funded by the Ford Foundation. To read the CDE report entitled “Learning to Listen: Communicating The Value of Urbanisation and Informal Settlement Upgrading” see here. This working paper provides an up-to-date overview of the current landscape with regard to informal settlement upgrading in South Africa, particularly the linkages between informal settlement upgrading, livelihood creation, informal sector development and economic opportunity generation. The paper was written by Kate Tissington.
- Shields and Swords: Legal Tools for Public Water (June 2012)
This Occasional Paper was prepared for the Municipal Services Project (MSP). The paper examines and draws lessons from water campaigns’ legal strategies around the world, some of which have transformed national laws and banned private provision, while others were partial victories. The paper looks at six cases of citizen-backed referenda and litigation, offering a comparative and global perspective. This paper was written by Jackie Dugard and Kay Drage.
This working paper presents a number of findings from ongoing research conducted by SERI on informal settlement upgrading and access to well-located land for the poor in South African cities. Specifically, this paper provides a detailed case study on Slovo Park informal settlement in Johannesburg, and the numerous attempts made by the Slovo Park Community Development Forum (SPCDF) to bring about upgrading and development at the settlement over the past 17 years. This working paper was written by Kate Tissington.
In 2010, SERI was approached by the Studies on Poverty and Inequality Institute (SPII) to undertake a review of housing policy in South Africa since 1994. This research formed part of a broader SPII research project to compile a measurement matrix of progressive realisation of the socio-economic rights enshrined in the South African Constitution.