5. The Right to the City and South African Jurisprudence

This chapter explores the nexus between human rights and the right to the city. Although not formally enshrined in core international human rights instruments, the right to the city is developed by the doctrine, global organisations and activists and has cascaded down into the World Charter on the right to the city as well as few regional and national human rights and policy instruments. The chapter found that the right to the city is a composite right made of civil and political rights as well as socio-economic rights assembled together for the wellbeing of urban dwellers. The chapter draws from the South African jurisprudence to demonstrate that the right to the city can be protected through the right to housing, with strong attention to the need of the very poor and most vulnerable. It also found that ensuring the meaningful engagement of urban dwellers in the urbanisation processes is essential to equip the process with a human face. Failure to consider the interrelatedness of human rights elements of the right to housing will not lead to the enjoyment of the right to the city. The chapter also discusses the role of local government in the fulfilment of the right to the city, and argues that local government is at the centre of the implementation of the right to the city.