What does Section 26 say?

You have constitutional protection when it comes to housing in South Africa. Section 26 of our Constitution contains three key provisions that directly affect your rights:

1. “Everyone has the right to have access to adequate housing.”
   This means you deserve a safe, dignified place to live – not just any shelter.
2. “The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.”
   The government has a responsibility to continually improve housing access through policies, budgets, and programmes.
3. “No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances.”
   You cannot legally be removed from your home without proper judicial process.

Even if you’re not a homeowner, these rights apply to you as a tenant. The Constitution protects your housing security regardless of your ownership status.

Real-life implications: Protection against unlawful evictions

Case study: The Grootboom case

In 2000, the Constitutional Court ruled in favour of Irene Grootboom and her community, who had been evicted without alternative accommodation. The Court established that:

• The government must have comprehensive housing programs
• These programs must prioritise those in desperate situations
• Evictions that lead to homelessness are generally unconstitutional

This landmark case shows how Section 26 provides real protection for vulnerable communities.

How Communicare upholds constitutional standards

At Communicare, we believe in providing quality of life with dignity through housing practices that honour your constitutional rights:

• Fair leasing practices: Our agreements clearly outline rights and responsibilities
• Maintenance standards: We maintain properties to ensure “adequate housing” standards
• Dispute resolution: We provide accessible channels to address concerns
• Transparent communication: We keep you informed about policies affecting your housing

Myths vs. facts about Section 26

Myth

Section 26 guarantees free housing for everyone.
Tenants can refuse to pay rent by citing Section 26.
Only citizens benefit from Section 26 protections.
Once housed, all your housing problems are solved.

Fact

Section 26 guarantees the right to access adequate housing through “progressive realization” – meaning the government must continuously work toward more housing solutions.
The Constitution balances property rights with housing rights; tenants still have contractual obligations.
The Constitution states “everyone” has this right, meaning both citizens and non-citizens have basic housing protections.
“Adequate housing” includes ongoing access to services, security, and habitability.

When you need support: Resources

You deserve access to resources that can help you understand and protect your housing rights:

• Legal Aid South Africa
  Free legal services for qualifying individuals
  Toll-free: 0800 110 110
• Socio-Economic Rights Institute (SERI)
  Specialises in housing rights litigation and research
  Phone: 011 356 5860
• Vulamathuba Empumelelo
  Our dedicated team can help you navigate housing challenges
  Web: http://vulamathuba.org.za/vulnerable-tenants/
  Phone: 021 421 6008

Join our community programmes today and gain the knowledge you need to secure your housing rights. With Communicare, you’re not just a tenant – you’re part of our commitment to building an equitable society where housing rights are respected and protected.

This guide is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult with a qualified legal professional.