The legal framework and the role of the state in protecting undocumented immigrants against forced eviction in South Africa

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.