Constitutional Law

Right to Housing

Section 26 of the Constitution gives everyone the right of access to adequate housing. The state must take reasonable measures within available resources. Eviction without a court order is prohibited.

Legal Definition

Section 26(1) gives everyone the right to have access to adequate housing. Section 26(2) requires the state to take reasonable legislative and other measures within available resources to achieve progressive realisation. Section 26(3) prohibits arbitrary eviction — a court order is always required.

📖 Constitutional / Statutory Basis: Section 26, Constitution of the Republic of South Africa, 1996; PIE Act 19 of 1998; Housing Act 107 of 1997

Practical Example

The state demolishes informal settlement homes without a court order or alternative accommodation offer. This violates s26 and the PIE Act — residents can obtain urgent interdicts.

Frequently Asked Questions

Does the right to housing mean the state must give me a house?

Not immediately. It means the state must take reasonable progressive steps. In Grootboom, the Constitutional Court ordered the state to have a programme for those in crisis.

Can I be evicted if I have no alternative accommodation?

Not arbitrarily. Courts must consider whether alternative accommodation is available, especially for vulnerable groups including children.

Does the housing right apply to backyard dwellers?

Yes. Section 26 applies to everyone, including backyard tenants and informal settlers.

Related Terms

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