I applied for an RDP house in 2002 but never received it, yet records wrongly show me as having received one.

The long answer

I think your first step should be to make a sworn affidavit certifying that you have never taken ownership of, occupied, or benefited from any RDP house, and that you discovered recently that you are listed as an RDP house beneficiary, but the house you applied for in 2002 was allocated to someone else without your knowledge or consent. 

You should take this affidavit to the municipality where you applied in 2002 and ask them how the house you applied for in 2002 in Brown’s Farm was allocated to someone else. It is the municipality that issues the “happy letter” informing a beneficiary that a house has been allocated to him, which must be signed by the beneficiary. Ask to see this letter and show them your ID, which will have your signature on it, so they can be compared.

You should make a note of the office, the date, who you spoke to and what they told you. 

If the municipality does not assist you, you should escalate it to the MEC for Human Settlements (Housing), who has the power to reverse any decision taken by a local municipality if he is persuaded that it was an unjust decision. You should provide the affidavit with all your details, including the details of the unsuccessful visit to the municipality.

A Housing Explainer guide by GroundUp, which is regularly updated, says that each municipality has its own system for appeals, but each province’s MEC of Human Settlements is allowed to review applications on a case-by-case basis. 

In the Western Cape, the MEC for Human Settlements is Tertuis Simmers, who also serves as Minister for Infrastructure.

These are his contact details:

Tel: 021 483 3285

Please Call Me: 079 769 1207

Address: 4th Floor, ISM Building, 27 Wale Street, Cape Town, 8001

The City of Cape Town says that you can contact the Office of the City Ombudsman to have your issue looked into further if you have already complained to a City department and they have not adequately addressed it.

Email: [email protected]

Tel: 021 400 5487

Address: Desmond and Leah Tutu House, First floor, Corner of Harrington and Long Market Street, Cape Town

You can call the Presidential Hotline at 17737 as a last resort when all your attempts to get assistance from a government department, province, municipality, or state agency have failed.

If none of this is successful, you could ask Legal Aid to take it up with the City of Cape Town on your behalf. Legal Aid is a means-tested organisation that must assist people who can’t afford a lawyer. These are their contact details:

• Tel: 0800 110 110 (Monday to Friday 7am to 7pm) 

• Please Call Me: 079 835 7179 

• Email: [email protected]

You could also approach one of the following organisations for help:

Lawyers for Human Rights

• Email: [email protected]

• Tel: Cape Town: 021 424 8561

Legal Resources Centre

• Email: [email protected]

• Tel: Cape Town: 021 481 3000

Wishing you the best,
Athalie