oa ESR Review : Economic and Social Rights in South Africa - Evictions in South Africa during 2014 - an analytical narrative : feature

Volume 16, Issue 3
  • ISSN : 1684-260X



The South Africa Constitution and pertinent legislative frameworks recognise the right of access to housing. This right extends to people who live in informal settlements, where they erect shacks and other structures. These people also include persons that take occupation of places/settlements 'illegally', although they are not expected to resort to illegal means in exercising their right. Due to a lack of access to housing people often erect shacks or other structures on land for which they do not have legal occupation. Such persons occupy lands belonging to private persons or entities, government and local municipalities. As a result, South Africa continues to witness cases and incidents of forced evictions whereby persons who are in illegal occupation of land are forcefully removed from it. In addition, people are evicted for reasons to do with urban development and planning.

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