How Has the Constitutional Court Developed the Doctrine of Meaningful Engagement Regarding the Right to Adequate Housing?

  • Karabo Matsotso

Abstract

The purpose of this article is to illustrate the essential role that meaningful engagement plays in the provision of the right to adequate housing. Based on our case law - subsequent to our constitutional dispensation - the right to the provision of adequate housing has come to the court’s attention through cases dealing with the eviction of unlawful occupiers. As a result, what has become clear through case law is that people may not be evicted if it will result in their homelessness. Despite its forthright understanding, the right to adequate housing has posed some level of difficulty for the court, particularly regarding its enforcement.  Meaningful engagement became a cause worth reckoning with as the courts realised that the right to adequate housing cannot be fully realised if the state does not engage with the very people that it is meant to provide housing for. The overall aim is to assess the Constitutional Court’s development of meaningful engagement regarding the right to adequate housing through the relevant cases.

Published
May 1, 2015
How to Cite
MATSOTSO, Karabo. How Has the Constitutional Court Developed the Doctrine of Meaningful Engagement Regarding the Right to Adequate Housing?. Inkundla, [S.l.], may 2015. Available at: <https://inkundlajournal.org/index.php/inkundla/article/view/28>. Date accessed: 29 mar. 2024.
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Articles