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Access to Adequate Housing

The Right to Adequate Housing is one of the seven focus areas identified by the South African Human Rights Commission in order to effectively fulfil its mandate of promoting, protecting and monitoring the realisation of Human Rights in South Africa.  

The the right to have access to adequate housing goes over and beyond the mere provision of bricks and mortar. As noted by the Constitutional Court in Government of the Republic of South Africa and Others v Grootboom and Others 2001 (1) SA 46 (CC), access to adequate housing is intrinsically linked to a number of other cross cutting rights. These include rights such as the right to public participation, equality, human dignity, and access to information. There is an indisputible link between the right to adequate housing and other rights.

The guarantee of the right to access to adequate housing is found in section 26 of the Constitution, in terms of which  the State is obliged to take reasonable legislative and other measures within its available resources to achieve the progressive realisation of this right. In addition, section 26 provides for a degree of security of tenure by protecting persons against eviction or the demolition of one’s home without an order of court made after considering all relevant  circumstances.


The South African  Human Rights Commission Investigative Hearing Report Access to Housing, Local Governance and Service Delivery 23 – 25 February 2015


About us

Understanding PAIA

The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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