Document Type
Article
Publication Date
2008
Publication Title
Human Rights Law Review
Keywords
socio-economic rights, South Africa, Constitutional Law, negotiation, engagement
Abstract
On 19 February 2008, the South African Constitutional Court handed down an important new socioeconomic rights decision, Occupiers of 51 Olivia Road v City of Johannesburg ('City of Johannesburg'). City of Johannesburg approved a landmark settlement between the City of Johannesburg and residents of several informal communities in Johannesburg who had sought to prevent the City from evicting them as part of an inner-city regeneration project. Rather than imposing a direct remedy, the Court instead constitutionalised a novel 'engagement' requirement in housing-rights cases. Engagement, which requires government entities to consult with residents affected by policy decisions that may involve eviction and publicly report on that process, offers a novel and potentially powerful mechanism for enforcing socioeconomic rights that limits court intervention in policy decisions.
Repository Citation
Brian Ray, Occupiers of 51 Olivia Road v. City of Johannesburg: Enforcing the Right to Adequate Housing through Engagement, 8 Human Rights Law Review 703 (2008)
Volume
8
