The right to the city for marginalized communities in South Africa: Perspectives on laws supporting informal settlement upgrading

This paper examines the right to the city for marginalized communities in South Africa, focusing on legal frameworks for informal settlement upgrading. Using a doctrinal approach, it reviews statutes, case law, and academic commentaries, alongside qualitative methods such as desktop research and secondary data analysis. Moreover, the article applies Critical Legal Geography to examine how legal frameworks and spatial practices shape socio-spatial inequalities. A purposive sampling technique identified key legislative frameworks and case law, while thematic analysis explored their interrelations, guided by Lefebvre’s Right to Participation and Right to Appropriate Urban Space. The study highlights the role of the Constitution and key legislation, including the Housing Development Agency Act, the Social Housing Act (SHA), and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). These laws protect informal settlement residents by ensuring access to housing, secure tenure, and inclusive urban spaces. Case law reinforces these rights through requirements for consultation, community engagement, and safeguards against arbitrary evictions. Despite these protections, challenges persist in implementation. The article recommends enhancing community participation, prioritizing upgrading over evictions, enforcing anti-eviction laws, adopting long-term housing strategies, and fostering cross-sector collaboration. These measures are crucial for promoting urban justice, inclusivity, and sustainable development in South Africa’s informal settlements.