Mining companies in respect of a company providing accommodation must:
| 2.1 |
Ensure a decent standard of housing for mine workers: |
| (a) |
Current and future housing developments must be coordinated with the structure of mining towns and settlement; |
| (b) |
The provision of family housing should be associated with expanded community services and facilities including education, health care service and social well being; |
| (c) |
The management of hostels must be democratised so that employees/residents participate jointly with the mine management in all areas of decision making involving the running of accommodation units; |
| (d) |
Employer shall establish measures for upgrading of hostels and conversion of hostels to family units; |
| (e) |
When establishing measures to upgrade hostels and conversion thereof into family units, the employer must consult the Mine health and Safety Council, the Department of Housing and organised labour of their plan to upgrade the hostels. |
| 2.2 |
Develop social, physical and economic integrated housing development within or outside the mining areas: |
| (a) |
The mining companies in consultation with other stakeholders shall assist financially and facilitate the acquisition of land within close proximity of the mine and plan their housing needs in support of compact, integrated and mixed land use environment; |
| (b) |
The housing development must consider and be based on the integrated development plans (lDP's) within their area of jurisdiction; |
| (c) |
Housing development must be done in a location conducive for the development of a residential property; |
| (d) |
The housing or single accommodation of mine workers shall be administered on non-racial and non-ethnic lines; |
| (e) |
Such development needs to address social facilities and adequate space to accommodate recreational facilities and other needs; |
| (f) |
The employer shall promote housing delivery for a range of income groups in such a way as to allow integrated and cross and/or state subsidy to cater for low income earners. |
| 2.3 |
Be responsive to housing demand: |
| (a) |
The employer must make sufficient provision to respond adequately to the housing needs consistent with their growth plans; |
| (b) |
The employer shall offer the employees a range of tenure types which includes, for instance rental accommodation, home ownership and social housing²; |
| (c) |
Housing options should include single and family accommodation, accommodation in nearby settlements where feasible and/or accommodation in mineworkers' home areas; |
| (d) |
The principles of choice for employees over a wide range of flexible housing options should apply; |
| (e) |
Rental accommodation/allowance shall be suitable for employees opting for rental flexibility considering their occupational mobility and a need for temporary accommodation; |
| (f) |
Housing schemes/allowance shall be applicable to workers who have shown an interest in that tenure; |
| (g) |
An employee who was previously receiving a rental or living out allowance and who at some point decides to purchase a house or unit in the open market shall forfeit such allowance and apply for the housing scheme/allowance which shall not be less than what he or she was entitled to; |
| (h) |
Housing provided by the employer shall be redeveloped or built to have access to electricity, facilities for hot water supply and running water, basic fixtures and fittings in rental stock and access to ablution facilities. |
| 2.4 |
Ensure the involvement of employees in the housing administrative systems: |
| (a) |
The employer shall encourage and support the employees in their effort to fulfill their own housing needs in a way that leads to empowerment; |
| (b) |
The employer shall put measures in place to make sure that education, training and information sharing in respect of the types of tenure takes place before occupation by employee and must be done throughout the process in such a way that the employee is able to make informed decision about their housing needs; |
| 2.5 |
Ensure secure tenure for the employees in housing institution on the basis of the general provision: |
| (a) |
Mining companies need to co-operate with housing institutions to develop a consensus on roles and responsibility so as to educate all parties on these roles and responsibility, and allow for effective implementation of contractual obligation of all parties; |
| (b) |
The employer shall inform the employee of the tenure provisions of housing institution prior to and upon acceptance of this provision as a form of a consumer protection; where applicable. |
| 2.6 |
Promote best practices and compliance with minimum norms and standards in relation to the delivery and management of housing: |
| (a) |
This is necessary for the employer to ensure consistency in housing delivery within the sector and the maintenance of acceptable level of quality and sustainable housing development; |
| (b) |
Housing development has potential to support the development of SMME in services such as plumbing, electrical and other maintenance functions, the employer is encouraged to provide support for the development of SMME in those services. |
| 2.7 |
Promote the use of financing schemes in such a manner that is transparent and accountable: |
| (a) |
Transparency in decision making process, information exchange, accountability and efficiency in the administration of the financing scheme is essential for the successful establishment of housing; |
| (b) |
Financing schemes should be used to improve employees' living conditions; |
| (c) |
Housing as part of the remuneration package should be settled by collective bargaining; |
| (d) |
The employer shall inform the employee of the available financing schemes for home ownership. |
² Social housing is housing provided for renting at lower rates than market rates to workers who cannot afford to buy their own homes or rent privately.
Special Investigating Units and Special Tribunals Act, 1996
