Abstract:
The 1996 South African Constitution and section 26 of the Prevention of Illegal Eviction
from and Unlawful Occupation Act guarantee the protection of persons who live in
South Africa against unlawful eviction or discriminatory or arbitrary removals from
one’s place of shelter. Undocumented migrants living in South Africa should be given
this protection against evictions. South Africa has ratified numerous international
statutes which oblige states to protect undocumented immigrants against unlawful
eviction. The research paper examines the national legal framework governing forceful
evictions of undocumented immigrants living in South Africa and the state’s obligation
to guarantee such protection. The study analyses the existing legal regimes, including
international human rights law and domestic legislation, to assess their effectiveness
in safeguarding the rights of undocumented immigrants against evictions based on
legal status or citizenship. It explores the constitutional threshold of these legal
frameworks and their compatibility with international human rights standards. The
research also investigates the state’s obligations under international law and the
measures it should take to ensure the protection of undocumented immigrants against
forceful evictions. By evaluating the legal framework and state obligations, this
research paper aims to contribute to the ongoing discourse on the rights of
undocumented immigrants and provide insights for policymakers, legal practitioners,
and scholars
