6 August 2001
Chairperson
Honorable Members of the Housing Tribunal
Ladies and Gentlemen
It gives me great pleasure to stand here and address you on this occasion of phenomenal importance. It is an occasion that heralds the new beginnings in the business of landlord-tenant relations. Today, as we gather here, we are about to usher in new members of one of the critical institutions in Housing. These are men and women who are assigned with the responsibility of transforming the fundamental principles of owner-tenant transactions. The principles underpinning these transactions were once not explicitly articulated or effectively upheld by role-players in the market resulting in turmoil and skirmishes between property owners and tenants. I therefore see these dedicated men and women as agents of meaningful change and custodians of sound principles embodied in the Rental Housing Act of 1999.
When the dark stormy clouds gather and the times of sunny blue skies beckon, these are people who will relentlessly hold the fort.
Ladies and Gentlemen, allow me to introduce and welcome the newly appointed members of the Gauteng Rental Housing Tribunal. These are:
1. Mr Yusuf Wadee (Chairperson)
2. Ms Lungile Zondi (Deputy-Chairperson)
3. Mr Brian Leveson
4. Ms Penelope Beck
5. Mr Thabo Morabe
6. Mr Trevor Bailey (alternate member)
7. Ms Kalpana Mohanlal (alternate member)
Before we forget about where we come from with this process, let me take you back. On 29 May 2001, after due consideration, the Gauteng Legislature repealed the Residential Landlord and Tenant Act of 1997. Accordingly, the precursor (Landlord Tenant Dispute Resolution Board) to the present Housing Tribunal was officially disbanded in July 2001.
However, the strides made by the previous Board are remarkable. Within a short space of time, the Board, to a certain degree, was able to normalize and regulate the landlord-tenant relations. This was attained amid the overwhelming bulk of complaints and cases the board had to process.
To give credence to this claim, statistics show that from January 1998 to June 2001 a total of 2036 complaints were received and resolved by the Board. These are cases that were formally registered on the system, and do not include all the disputes and enquiries that were resolved without a formal complaint being lodged. In accordance with this figure cases registered by the Board as of end of May 2001 can be categorise as follows:
1. Evictions = 772 (38%)
2. Maintenance = 351 (17%)
3. Non-payment = 282 (14%)
4. Deposits = 260 (13%)
5. Services = 147 (7%)
6. Lease agreement = 96 (5%)
7. Nuisance & Court Orders = 68 (3%)
8. Changing of locks = 48 (2%)
9. Damage to property = 12 (1%)
Total = 2036 cases
I deliberately cite these figures, Ladies and Gentlemen, in order to highlight the nature and scope of cases you will have to deal with in your office.
By virtue of these figures, one can safely assume that Gauteng Province is one of the provinces with a high number of rental-housing related problems in the country.
Notwithstanding the fact that a huge number of poor people, who are not accounted for in these statistics, still rent backrooms in the townships, it means as the Department we need to constantly diagnose and align our policies to emerging trends in the market.
Moreover, the Board had to contend with various structural weaknesses. Without dwelling much on them, the three glaring weaknesses were:
1. The Board had no power to issue summons; it could only subpoena parties involve in dispute. As a result, the Board could not deal with those parties who chose to ignore subpoenas.
2. The Board had no power to determine rentals for the market.
3. The Board as the mediator had no authority to enforce rulings. It relied on the goodwill of the parties in disputes.
This is the situation we hope to rectify through the establishment of the Housing Tribunal. As I stated earlier, in spite of all this, the Board laid a sound foundation for the Tribunal to start its work. It is therefore incumbent upon the Tribunal to consolidate the gains achieved by its predecessor.
Furthermore, I hope and trust that the Tribunal with all the powers vested in it will positively enhance and change the adversarial relations that characterize the landlord-tenant interactions. I also trust that the Tribunal will create a culture based on the values of honesty and fairness, dialogue and cooperation, and respect for the rule of law.
In the light of the above, it becomes crystal clear that the success of the Tribunal depends largely on its ability to reach out to its target market. To this end, the Tribunal will have to place emphasis on the development of a comprehensive education program as required by the Act. This will go a long way in empowering the target market and engendering a sense of partnership in the promotion of stability in rental-housing sector in Gauteng.
Once more, Ladies and Gentlemen, let me welcome the new members of the Tribunal. I want to assure you of my unequivocal support in the execution of your task. I urge you to keep focus on the challenges ahead and serve the people of Gauteng with love and diligence.
Thank you.