Does a right to access to adequate housing include a right to the city in South Africa?
Loading...
Date
2017
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Western Cape
Abstract
The Constitution of South Africa is often commended for the protection that it affords to
socio-economic rights - including the right to access to adequate housing, 'Adequate'
housing is said to comprise of more than just a roof over one's head, and requirements have
also been set regarding the overall location of the housing provided.
Processes such as 'gentrification' have presented a threat to the fulfilment of the
abovementioned right. Gentrification results in escalated property prices in the areas
undergoing gentrification, with original residents of these areas consequently being unable
to afford to stay in these areas and facing possible eviction as a result thereof. Although
legislation is in place to prevent homelessness for those facing eviction, individuals who
stand to be evicted often find themselves being relocated to state-provided Temporary
Relocation Areas (TRAs). As particularly evident in Cape Town, these TRAs are commonly
located on the outskirts of cities (arguably in defiance of the Constitution's requirement in
terms of the location of adequate housing), and those who have been relocated to these
TRAs commonly criticize the remote locations of these TRAs (due to it being far from
employment opportunities and other amenities). This has led to a continued demand by
individuals facing eviction to TRAs (and advocacy groups) for the state to provide them with
alternative accommodation in the inner city and surrounding areas, resembling a 'Right to
the City'.
Description
Magister Legum - LLM (Public Law and Jurisprudence)