Putting Flesh on the Skeleton: South African Judicial Enforcement of the Right to Adequate Housing of Those Subject to Evictions

Access to adequate housing is one of the greatest challengesfacing the South African government today. The country's housingsituation is characterised by a severe housing shortage, a hugebacklog in the provision of housing, provision of inadequatehousing and severe overcrowding in existing dwellings. In addition,evictions that at times result in homelessness are a daily occurrence.The government has put in place a number of legislative andother measures aimed at realising the right to adequate housing.However, the difficulty that remains is translating these lawsand policies into reality, resulting in safe, secure and affordableliving conditions for the poor and vulnerable. This articleexamines how South African courts have sought to enforce theright to adequate housing of those faced with evictions throughinterpreting the constitutional provision on this right andthe corresponding state duty, while at the same time, protectingthe rights of landowners.