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Planning for Inclusion in South Africa: The State’s Duty to Prevent Homelessness and the Potential of “Meaningful Engagement”

Planning for Inclusion in South Africa: The State’s Duty to Prevent Homelessness and the... In South Africa, evictions which lead to homelessness are unlawful. Municipalities are required to plan proactively to prevent homelessness, yet they persist in failing to do so. This need not be so. The courts have not only clearly delineated the circumstances in which municipality will be required to accommodate evictees, they have set out on what terms, and have given some guidance—through their “engagement” jurisprudence—on how this may be achieved. This article sets out the law applicable to evictions which lead to homelessness and the precise nature of the duties which fall on local authorities to prevent them. It then explores a case study in which, under court-supervision, desperately poor people living in slum-like conditions have been successfully and consensually re-accommodated in safe, clean and sustainable housing. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Urban Forum Springer Journals

Planning for Inclusion in South Africa: The State’s Duty to Prevent Homelessness and the Potential of “Meaningful Engagement”

Urban Forum , Volume 22 (3) – Jun 7, 2011

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References (16)

Publisher
Springer Journals
Copyright
Copyright © 2011 by Springer Science+Business Media B.V.
Subject
Social Sciences; Human Geography; Landscape/Regional and Urban Planning; Population Economics; Political Science; Sociology, general
ISSN
1015-3802
eISSN
1874-6330
DOI
10.1007/s12132-011-9117-x
Publisher site
See Article on Publisher Site

Abstract

In South Africa, evictions which lead to homelessness are unlawful. Municipalities are required to plan proactively to prevent homelessness, yet they persist in failing to do so. This need not be so. The courts have not only clearly delineated the circumstances in which municipality will be required to accommodate evictees, they have set out on what terms, and have given some guidance—through their “engagement” jurisprudence—on how this may be achieved. This article sets out the law applicable to evictions which lead to homelessness and the precise nature of the duties which fall on local authorities to prevent them. It then explores a case study in which, under court-supervision, desperately poor people living in slum-like conditions have been successfully and consensually re-accommodated in safe, clean and sustainable housing.

Journal

Urban ForumSpringer Journals

Published: Jun 7, 2011

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