The impact of the engagement principle on the right to have access to adequate housing : from reasonableness to engagement

Abstract

The adjudication of socio-economic rights has brought a new dimension in the South African legal landscape, and Courts, especially the Constitutional Court, which have been entrusted with the mandate of giving effect to the rights enshrined in the Bill of Rights. In its attempt to fulfil this constitutional mandate, the Constitutional Court has to devise remedies that give relief to rights infringements; meaningful engagement is one such remedy. Since its inception in thePort Elizabeth case, meaningful engagement has become a conditio sine qua none in the litigation of claims that involve housing rights. Meaningful engagement has been applied subsequently both as a requirement and as a remedy in many cases, even in claims involving the right to education. This dissertation seeks to evaluate the impact that the principle of meaningful engagement has had on the progressive realisation of the right to have access to adequate housing as entrenched in Section 26 of the Constitution.