Access to adequate housing in South Africa: a critical analysis

Abstract

Access to adequate housing remains a pressing socio-economic right in post-apartheid South Africa, with millions residing in informal settlements under precarious conditions. This study explores the legislative and policy framework relating to the in situ upgrading of informal settlements, and how the human rights of those living in informal settlements are affected. It also considers the roles of the branches of government in ensuring thein situ upgrading of informal settlements. Employing a desktop research methodology, the analysis draws on legislation, policy frameworks (notably the Upgrading of Informal Settlements Programme). The findings suggest that, while courts have recognised a justiciable obligation on the state to progressively realise access to adequate housing, their willingness to issue structural orders mandating specific forms of compliance, such as the upgrading of informal settlements, depends on the reasonableness of state conduct. In addition, contextual considerations are critical, and eviction must be the last resort. The study concludes that judicial intervention, though cautious, can serve as a crucial mechanism in enforcing housing rights, particularly where state inaction or inadequate policy implementation undermines constitutional commitments.