Access to adequate housing remains a challenge for many South Africans, with large numbers of people continuing to live in informal settlements, backyard dwellings, and overcrowded housing conditions. While the Constitution guarantees the right to have access to adequate housing, questions remain about how this right is interpreted and implemented in practice.
Section 26 of the South African Constitution provides that:
-Everyone has the right to access adequate housing.
-The state must take reasonable legislative and other measures, within its available resources, to progressively realise this right.
-No one may be evicted or have their home demolished without a court order.
A significant feature of South Africa’s housing landscape is the length of time many applicants spend on municipal housing waiting lists. In several provinces, individuals and families report waiting periods extending over decades, often while remaining in informal or temporary living arrangements.
Speaking to VOC News, a Cape Town resident shared their family’s experience of prolonged waiting periods.
“My parents have been waiting for more than 20 years,” the resident said. “During that time, they lost everything twice and had to rebuild from scratch. They are elderly now; my mother is turning 71 this year, and my father is 79.”
Another listener raised concerns about perceived inconsistencies in housing allocation processes.
“My wife has been on the waiting list for 12 years, and my mother for more than 30 years,” the listener said.
“Houses have been built in Bonteheuwel, but there is a perception that if you do not support a particular political party, you will not receive a house. I believe this is wrong.”
Constitutional jurist and Professor of Public Law at the University of Pretoria, Prof Koos Malan, stated that socio-economic rights such as housing are framed in a particular way within constitutional law.
“In some respects, a Bill of Rights can be viewed as a catalogue of aspirations,” Prof Malan explained.
“The wording does not imply that every right will be fully realised in all circumstances. Rather, the state is required to take reasonable steps, within its available resources, to progressively realise these rights. This approach is not unique to South Africa and appears in various international legal frameworks.”
Listen to the full interview with Prof Malan below:
Meanwhile, Michael Clark, a researcher at the Development Action Group (DAG), noted that Section 26 must be read in its entirety when assessing state obligations.
“Section 26 establishes a right of access to adequate housing, places a duty on the state to adopt reasonable measures to progressively realise that right, and provides protection against unlawful evictions. Courts have indicated that even a housing programme that reaches large numbers of people may be considered unreasonable if it fails to take account of those who are most vulnerable or at immediate risk of homelessness.”
Listen to the full interview with Clark below:
VOC News
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