Obscuring the Right to Access to Adequate Housing

This article holds that there is a housing crisis in South Africa that it attributes largely to the State’s failure to carry out its Constitutional mandate to provide access to adequate housing. However, the courts are also complicit due to their own failure to provide content to the right to access adequate housing and clearly demarcate the duties of the State in realising this right.

The article is based on the case of Thubakgale v Ekurhuleni Metropolitan Municipality and describes how the State failed to give the applicants (residents) access to housing, despite having been allocated State-subsidised houses despite successfully applying as far back as 1998.

Abstract based on source.