A Legal Analysis of Local Government’s Housing Roles, Powers, Functions and Responsibilities in South Africa

This article undertakes a comprehensive legal analysis of local government’s housing roles, powers, functions and responsibilities in South Africa. It outlines the place and role of local government in South Africa’s constitutional framework of multi-level governance and the decentralisation of housing powers to local government. Although the functional area of housing is listed as a ‘concurrent competency’ of the national and provincial spheres of government in terms of Part A of Schedule 4 of the constitution, local government still has significant housing roles and responsibilities emanating from court judgments and national legislation. Primarily, these roles and responsibilities are conferred by the Housing Act 107 of 1997, the Social Housing Act 16 of 2008, and other relevant legislation. Virtually, all municipalities may exercise attendant housing powers. Depending on the ability to demonstrate the capacity to administer one of the housing programmes, municipalities may ultimately be assigned to fulfil the housing functions or powers on behalf of provinces. Using a desktop-based qualitative research approach, the article employs documentary analysis and case law review to critically evaluate the legal framework and its application. Findings highlight gaps in the current legal framework, inadequate resource allocation and capacity constraints hindering local governments’ ability to effectively address housing needs. Recommendations are made for legislative reforms, decentralisation of housing powers, capacity building, and intergovernmental co-ordination to enhance local government’s housing roles, powers, functions and responsibilities. This research contributes to the ongoing debate on local government’s role in addressing South Africa’s housing challenges, providing valuable insights for policymakers, practitioners and scholars.