Inclusionary housing: a remedy for racial exclusion?

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The writers believe the Spatial Planning and Land Use Management Act creates a firm mandate to redress race-based inequalities head on

Twenty-seven years after apartheid, racial and class exclusion remains a barrier to accessing equitable service, the writer argues. Picture: ANTONIO MUCHAVE

Twenty-seven years after apartheid, racial and class exclusion remains a persistent barrier to accessing equitable services. The legacy of spatial inequality in many towns and cities in the Western Cape means the majority of black and coloured residents live in densely populated, under-resourced townships and informal settlements on the periphery of towns and cities, while wealthy, mostly white residents live in well-resourced, low density, centrally-located areas.

This could include a range of people like white young professionals, or run the risk that developers may only provide units at the top end of the affordability bracket . This will exclude the majority of residents, especially considering that according to a 2019 Stats SA Inequality Trends Report, the median income of a South African is R13,546 per year, or just R1,129 per month.

However, that said, a reservation of inclusionary housing units for specific vulnerable groups of people would technically amount to discrimination on the grounds of race, gender, age and disability. In theory, a white able-bodied male could challenge such a policy on the basis that it discriminates against him in terms of section 9 of the constitution, which guarantees everyone equality before the law and the right to equal protection and benefit of the law.

The goal of providing affordable housing opportunities to vulnerable and excluded groups on the basis of race, gender, age and disability is not a worthy and important social goal in furtherance of substantive equality and equitable access to land and housing; andWhile racial restitution in private residential housing is uncharted territory in spatial planning law, we believe the Spatial Planning and Land Use Management Act of 2013 creates a firm mandate to redress race-based inequalities head...

 

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