More than 67% of South Africa’s total population live in urban areas and cities and this number is growing. Despite a public housing subsidy programme that is relatively successful in statistical terms, there remains a massive shortage of quality housing and secure tenure.
In addition to insecure tenure, people also experience inadequate basic services. For example, 12% of the South African population do not have access to a basic water supply, while only 64% of households have access to reliable water supply. Although often touted as the means for ensuring the provision of services and housing, there are also few concrete examples of in situ upgrading of informal settlements consistent with national housing policy.
The consequences or impact of insecure tenure and lack of access to basic services are often differently and more severely felt by women as illustrated by ongoing work in the sector. For example, women’s tenure insecurity is compounded by their social vulnerability and power dynamics within the household that can make it difficult for them to access land and retain possession. While the inadequate quality of basic sanitation services poses specific hygiene risks for women, and the location of facilities poses security risks.
Evictions are the most frequently litigated socio-economic rights issue in the Constitutional Court resulting in significant developments in the law and in practice. A wide variety of public interest legal services organisations have played a significant role.
Litigation and advocacy are key to addressing the many evictions that lead to homelessness which remain a regular feature of urban life. And in many cases, public interest legal organisations must compel municipalities to provide basic facilities, such as portable water, toilets and other forms of sanitation through litigation.
