Section 26: Housing - The Right to Adequate Shelter
Section 26 guarantees the right to housing. Learn the test from Grootboom and when eviction is permitted.
Section 26: Housing
The Right
"(1) Everyone has the right to have access to adequate housing. (2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right. (3) No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances."
Not an Immediate Right
Section 26 is a socio-economic right — progressive realization, not immediate entitlement.
Key Cases
- Grootboom (2001) — State's duty to provide emergency housing
- Occupiers, Shulana Court v Steele (2010) — Eviction procedures
- Port Elizabeth Municipality v Various Occupiers (2005) — Unlawful occupation vs eviction
Exam Tips
Test from Grootboom:
- Has the state adopted reasonable measures?
- Do the measures progressively realize the right?
- Is there provision for emergency/crisis situations?
Section 26(3): Court order required for eviction — must consider circumstances
Tags: #section26 #housing #eviction #grootboom #socioeconomicrights
Read more like this
New SA case analyses and study notes occasionally — never spam.