The protection of the insolvent debtor's right of access to adequate housing under section 26 of the Constitution

Abstract

Address the constitutionality of including the debtor's primary residence in the insolvent estate. It explores the position of the insolvent debtor's primary residence in South Africa. It further outlines the development in protecting primary residences for debtors in South Africa and compares the South African approach with that of the United States of America and the United Kingdom.