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Street people sleeping in the Company Gardens, Cape Town. Homelessness in South Africa dates back to the apartheid period. [1] Increasing unemployment, lack of affordable housing, social disintegration, and social and economic policies have all been identified as contributing factors to the issue. [2]
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law , and bind all branches of the government, including the national executive, Parliament ...
The South African government has been criticised by Human Rights Watch for deporting hundreds of thousands of Zimbabwean refugees and treating victims of political violence as economic migrants. By sending refugees back to persecution, Human Rights Watch has asserted that South Africa is violating the refugee convention and international law. [25]
The 1977 Housing (Homeless Persons) Act greatly restricted requirements for housing homeless people so that only individuals who were affected by natural disasters could receive housing accommodations from the local authorities. [18] This led to the rejection of the majority of homeless applications received by the local government.
"Local government has to enforce the laws," Ramaphosa said at a governing. South Africa's President Cyril Ramaphosa on Saturday urged authorities to enforce regulations preventing city residents ...
The rights such as the right to public participation, equality, human dignity, and access to information are amongst the cross cutting rights linked with right to adequate housing as noted by the Constitutional Court in Government of the Republic of South Africa and Others v Grootboom and Others 2001 (1) SA 46 (CC) [11]
The Constitutional Court held that the issue of whether socio-economic rights are justiciable at all in South Africa is put beyond question by the text of the Constitution as construed in the judgment Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa. [6]
South Africa's municipalities may, in terms of the Constitution of the Republic of South Africa, 1996, make by-laws for the effective administration of the matters it has a right to administer. The areas within which a municipality may make by-laws are listed in Schedule 4 Part B, and Schedule 5 Part B, of the Constitution.