n Law, Democracy & Development - A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgment

Volume 7, Issue 2
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



This article examines the responsibilities of the three spheres of government with regard to implementing the right of access to housing and in particular, the responsibility of local government. First, it sketches a conceptual framework - based on section 7 of the Constitution - that can assist in bringing together the constitutional allocation of responsibilities and the fundamental rights that people can claim against 'the state', Second, it then applies this to the responsibilities or local government when it comes to the right of access to housing, Third, it outlines and comments on the Constitutional Court's approach to the issue in its judgment in

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