Conflict management in an era of urbanisation: 20 years of housing rights in the South African Constitutional Court

by | Oct 16, 2019 | SAJHR, SAJHR V31 I3

Conflict management in an era of urbanisation: 20 years of housing rights in the South African Constitutional Court

Authors Stuart Wilson, Jackie Dugard, Michael Clark

ISSN: 1996-2126
Affiliations: Executive Director, Socio-Economic Rights Institute of South Africa (SERI); Visiting Senior Fellow, School of Law, University of the Witwatersrand; and practicing advocate, Johannesburg Bar; Associate Professor, School of Law, University of the Witwatersrand; and honorary senior researcher, SERI; Legal Researcher, Centre for Law and Society, University of Cape Town
Source: South African Journal on Human Rights, Volume 31 Issue 3, 2015, p. 472 – 503

Abstract

Over the past 20 years, of the 23 socio-economic rights decisions handed down by the South African Constitutional Court, 15 judgments have related to the s 26 right to adequate housing, making it by far the most litigated socio-economic right. The relative frequency of housing rights cases before the Constitutional Court relates to the intensity of post-apartheid struggles over access to urban and peri-urban land. Analysing the contours and consequences of the housing rights related judgments over the past 20 years, we highlight the Constitutional Court’s role as arbiter of clashing rights of ownership and occupation in the context of evolving and inadequately-managed urbanisation.

Social rights and transformation in South Africa: Three frames

by | Oct 16, 2019 | SAJHR, SAJHR V31 I3

Social rights and transformation in South Africa: Three frames

Authors Sandra Liebenberg

ISSN: 1996-2126
Affiliations: HF Oppenheimer Chair in Human Rights Law, University of Stellenbosch Law Faculty
Source: South African Journal on Human Rights, Volume 31 Issue 3, 2015, p. 446 – 471

Abstract

This article conceives of transformative constitutionalism as processes of constitutional enactment, interpretation and enforcement which help bring about fundamental changes to South Africa’s current unjust economic and social structures. Transformative strategies seek to redress the underlying structures which generate patterns of material deprivation and status hierarchies. Based on this understanding, the article analyses the transformative potential of three ways in which social rights have been framed in law and policy discourses in South Africa: (1) social citizenship; (2) equality; and (3) participation. The concept of a frame is useful as it acts as an ‘interpretive lens’ which highlights certain dimensions of legal responses to the complex, multi-faceted social problem of poverty. By drawing explicit attention to how the meaning of rights is constructed, framing invites reflection on what is included and excluded from the frame, and how this might shape our understanding of the nature of social rights violations and transformative remedial responses. Each frame is evaluated in terms of its strengths and limitations in stimulating and supporting transformation in the sense described above. Strategies for strengthening the transformative development of each frame are also identified.

Special Issue on Transformation and the Courts: Introduction

by | Sep 22, 2019 | SAJHR, SAJHR V31 I3

Special Issue on Transformation and the Courts: Introduction

Authors Cathi Albertyn, Muriel Mushariwa

ISSN: 1996-2126
Affiliations: Professor, School of Law, University of the Witwatersrand; Senior Lecturer, School of Law, University of the Witwatersrand
Source: South African Journal on Human Rights, Volume 31 Issue 3, 2015, p. 441 – 445

Abstract

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