Putting Flesh on the Skeleton: South African Judicial Enforcement of the Right to Adequate Housing of Those Subject to Evictions

Abstract

Access to adequate housing is one of the greatest challenges facing the South African government today. The country’s housing situation is characterised by a severe housing shortage, a huge backlog in the provision of housing, provision of inadequate housing and severe overcrowding in existing dwellings. In addition, evictions that at times result in homelessness are a daily occurrence. The government has put in place a number of legislative and other measures aimed at realising the right to adequate housing. However, the difficulty that remains is translating these laws and policies into reality, resulting in safe, secure and affordable living conditions for the poor and vulnerable. This article examines how South African courts have sought to enforce the right to adequate housing of those faced with evictions through interpreting the constitutional provision on this right and the corresponding state duty, while at the same time, protecting the rights of landowners.