What does the Right of Access to adequate Housing include?

Section 26 grants everyone the right to access to adequate housing. The section also states that no one may be evicted from their home or have their house demolished without an order of court.

This does not require the state to provide everyone with a house immediately. It does require the state to take steps to ensure that, over time and as resources become available, more and more people have access to adequate housing. Funding that was allocated for the building of houses may not be diverted.

The right not to be evicted without a court order applies to both owners and tenants, and to illegally erected shacks or illegally occupied houses. The Prevention of Illegal Evictions from and Unlawful Occupation of Land Act requires that Courts take a number of factors into consideration when dealing with a request for an eviction order. If people will be homeless as a result of the eviction, the state has to provide emergency housing and minimise the suffering.

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