Strengthening the role of political accountability in the realisation of the right to housing in South Africa

Abstract

The justiciable right to have access to adequate housing (right to housing) in the Constitution of the Republic of South Africa, 1996 (the Constitution) aims at redressing some of the injustices of the past. The Constitution obliges government to adopt reasonable legislative and other measures to realise this right. Pursuant to this obligation, several legislation and policies have been enacted and adopted to give effect to the right to housing. Despite the justiciable nature of this right, like other socio-economic rights, the self-restraint approach in judicial adjudication has limited the potential role that courts can play in realising the right to housing. This study argues against overreliance on courts in realising the right to housing and explores a holistic approach that can enhance the realisation of this right. This holistic approach finds expression in political accountability which encompasses a diverse range of mechanisms. This study establishes the link between political accountability and human rights and identifies mechanisms of political accountability which could be used to enhance the realisation of the right to housing. This study further investigates the extent to which the identified mechanisms are catered for in South African law and policies. It lastly makes recommendations on how to optimise political accountability in contributing towards realising the right to housing.