Section 26 of the Constitution of the Republic of South Africa, 1996, guarantees everyone the right to have access to adequate housing and requires the state to take reasonable legislative and other measures, within available resources, to progressively realise this right.
More than three decades into constitutional democracy, housing challenges persist. More than 650 000 people are on the Housing Demand Database. Other realities include the proliferation of informal settlements and temporary relocation areas, inadequate basic services, unlawful and inhumane evictions, insecure tenure, spatial inequality and affordability pressures.
The Inquiry will assess whether the Western Cape Government has progressively realised the right to have access to adequate housing; whether the relevant national, provincial and local authorities have addressed historical spatial injustice through access to well-located land and services; whether their coordinated actions meet constitutional cooperative governance duties; and whether legislative, policy and governance frameworks support openness, transparency, accountability and accelerated delivery.
The Inquiry will bring affected individuals and communities together with government departments, municipalities, civil society, housing practitioners, researchers and other stakeholders to share experiences, identify barriers and inform findings and practical recommendations.
Submissions are invited from the public, affected communities and informal settlement residents; community organisations and residents’ associations; NGOs, civil society and housing rights groups; government departments, municipalities and public institutions; academic and research institutions; legal and human rights experts; housing practitioners and developers; organisations representing vulnerable and marginalised groups; and other relevant stakeholders.
Submissions may address one or more of the following themes:
Constitutional and legislative framework
- Adequacy of constitutional, legislative and policy frameworks; government compliance; and interpretation and application of progressive realisation obligations.
Housing delivery and government accountability
- Housing delivery across all government spheres; budgets, resources and capacity; waiting lists, allocations and project implementation; intergovernmental coordination and accountability.
Informal settlements and access to basic services
- Settlement conditions and residents’ challenges, including climate- and living-condition-related disasters such as flooding and fire; water, sanitation, electricity, refuse removal and other essential services; upgrading, secure tenure and community participation in planning and development.
Evictions, tenure security and protection against homelessness
- Prevalence and impact of evictions, including farm evictions and unlawful or unjustified evictions; homelessness prevention; alternative accommodation where applicable; tenure security and protection of vulnerable households.
Adequacy, affordability and accessibility of housing
- Housing availability, affordability, suitability and quality; opportunities for low-income households; and access for persons with disabilities, older persons, women, children and other vulnerable groups.
Spatial justice and historical inequalities
- Apartheid spatial planning and ongoing exclusion; access to land, housing and socio-economic amenities; proximity to employment, education, healthcare and transport; and integrated, inclusive settlements.
Recommendations and proposed interventions
- Measures to accelerate progressive realisation; legislative, policy, institutional and administrative reforms; replicable good practices and successful interventions; and stronger monitoring, transparency and accountability.
Submissions should, where possible:
- Identify the relevant themes and background; provide experiences, evidence or research; highlight gaps in laws, policies, programmes or implementation; recommend practical interventions; and attach supporting documents where available.
Submission process:
Kindly send written submissions, including your name and contact details, through the following channels:
Subject line: Submission – Inquiry into the Progressive Realisation of the Right to Have Access to Adequate Housing
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
WhatsApp: 072 372 7476
Physical Address: 3rd Floor, One Thibault, 1 Long Street, Cape Town
Closing date: 25 November 2026
The Inquiry will receive both written and oral submissions. It is an inquisitorial process in which the panel will question participants. Parties may be legally represented, but must make their oral submissions themselves, and may be requested to provide affidavits. Proceedings will be open to the public and media, subject to the Chair’s determination that parts be held in camera.
Submissions will be considered alongside information sought from government departments, municipalities, academic institutions, civil society and legal experts. In person attendance will be by invitation wherein venue details will be provided.
For Inquiry and submission enquiries, contact:
Mr Lwethu Yoli: This email address is being protected from spambots. You need JavaScript enabled to view it. | Ms Tammy Carter: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone (both contacts): 021 426 2277 or 072 372 7476.
Inquiry Details:
- Date: 1-4 December 2026
- Time: 09h00am-17h00
- Area: Cape Town
- Venue: TBC
ENDS
ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION