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

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. © 2011 Springer Science+Business Media B.V.