LME 3701 A CRITICAL ANALYSIS OF THE RIGHT TO HOUSING IN THE CONTEXT OF ILLEGAL OCCUPATION OF PRIVATE PROPERTY

ACADEMIC HONESTY DECLARATION Declaration: 1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this regard. 2. I declare that this assignment is my own, original work. Where I have used someone else’s work, I have indicated this by using the prescribed style of referencing. Every contribution to, and quotation in, this assignment from the work or works of other people has been referenced according to this style. 3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing it off as his or her own work. 4. I did not make use of another student’s work and submitted it as my own. NAME: NEMAUKHWE TAKALANI SIGNATURE: NM STUDENT NUMBER: MODULE CODE: RRLLB81 DATE: 7SEPTEMBER 2018 TOPIC SELECTED: A CRITICAL ANALYSIS OF THE RIGHT TO HOUSING IN THE CONTEXT OF ILLEGAL OCCUPATION OF PRIVATE PROPERTY MARK RECEIVED FOR ASSIGNMENT 01: 55 MARK RECEIVED FOR ASSIGNMENT 02: 3 | P a g e SUMMARY On 4 October 2014, it will be 14 years since the Constitutional Court handed down its landmark judgment in the Grootboom housing case. The judgment explained some of the key duties imposed on the State by the right of access to adequate housing in section 26 of the Constitution. This ruling has helped to transform evictions law in South Africa. But what do the Grootboom judgment and housing legislation mean in practice for people facing eviction or demolition of their homes? Of particular importance is section 26 (3) of the Constitution which reads: “No one may be evicted from their homes, or have their homes demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.1