South Africa Sets the Standard with Constitutional Right to Housing

South Africa's constitution is reknown for its progressive nature, especially with regard to its protection of economic rights not typically found in the constitutions of older democracies. For instance, the Constitution of the United States protects citizens' freedom of speech, assembly and religion by placing restraints on the government. Its affirmative duties are limited to right to counsel, speedy trials, etc., which fall under an umbrella of political and civil rights. Many of the affirmative duties placed on the U.S. only come into play only when an individual is on trial for a criminal offense.  However, South Africa's constituion places affirmative duties on the government to ensure economic rights. Included among those obligations is the right to ensure housing under Section 26 of the South African Bill of Rights, which states:

1. Everyone has the right to have access to adequate housing.

2. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.

3. No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

CASE LAW

Since apartheid, South Africa has struggled to ameliorate the gross disparities in housing and land distribution among its citizens. The mark of such a long and painful legal system of discrimination cannot be overcome swiftly.  However, the Constitutional Court of South Africa is doing its part to ensure that the Bill of Rights of the young democracy is enforceable and judiciable.  The cases below illustrate how the Constitutional Court is enforcing not only constitutional provisions, but also South Africa's obligations under international human rights treaties. 

Olivia Road

Grootboom

Tswelope