Regulating Informal Housing Practices in South Africa

Abstract

This paper delves into government’s failure to recognise and regulate informal housing as an acceptable form of housing. The paper in no way suggests that the regulation and recognition of the informal housing sector will solve the housing crisis nor that informal housing will replace formal housing. Instead, it calls for the government to view informal housing as a viable form of housing for many urban city dwellers. It acknowledges that informal housing in its current form may not meet the standard of ‘adequate housing’ but argues that with recognition, service provision and other support from the government, informal housing can meet the standard of adequate housing as required by section 26 of the Constitution. Central to this paper is the notion that informal housing needs recognition and regulation by the government as it caters to a reasonable percentage of the South African population despite formal housing being provided especially in the main cities. This notion is supported by section 26 as well as the right to the city. The existing legislative and policy framework inadequately addresses informal housing – it either calls for eradication or upgrading (which is a less aggressive form of eradication) but not recognition. This gap needs to be addressed, and it is only in addressing this gap that informal housing can be catered for. Informal housing is as important as formal housing in the South African housing framework as it houses some of the marginalised in our society and offers a unique offering which government cannot replicate.