The role of local government in achieving spatial equity through the realisation of the right to housing in South Africa

dc.contributor.authorMudau, Fungai Paul
dc.contributor.supervisorPieterse, Marius
dc.date.accessioned2025-01-20T12:12:17Z
dc.date.available2025-01-20T12:12:17Z
dc.date.issued2023
dc.descriptionA Thesis submitted in fulfillment of the requirements for the degree of Doctor of Philosophy (PhD) in Law in the School of Law, University of the Witwatersrand, Johannesburg 2023
dc.description.abstractThis Thesis deals with the role of local government in overcoming spatial inequalities in South African cities, with a particular focus on housing and access to well-located urban land. The primary focus is on whether the legal role of local government in housing matches its rights-related responsibilities and its role in achieving spatial equity. Municipalities have limited legal powers, policy scope, and budget for housing. With overstretched programmes and fiscus, certain municipalities are reluctant to assume housing delivery roles. However, numerous court cases bind municipalities by assigning them increased rights-based responsibilities which they may not be adequately equipped or empowered to implement. The problem which therefore unfolds relates to the inevitable need to address the obligations to realise the right of access to adequate housing of the urban poor within the limited legal, institutional, and structural role that local government plays in housing delivery, as well as with the limited resources at its disposal. The challenges associated with the realisation of local government’s housing-related powers, functions, and responsibilities become simultaneously more complicated and less insurmountable when viewed together with local government’s legal powers and functions pertaining to spatial planning. As a result, this Thesis investigates the articulation between housing and planning-related legal competencies and responsibilities of local government, in seeking to ensure that local government can fulfil its constitutional developmental role and contribute to the achievement of spatial equity. Selected case studies of the metropolitan municipalities of Cape Town, Johannesburg, and eThekwini are utilised to explore the emerging trends, issues, and challenges in practice
dc.description.sponsorshipWits Postgraduate Merit Award
dc.description.sponsorshipUnisa Study Assistance
dc.description.submitterMM2025
dc.facultyFaculty of Commerce, Law and Management
dc.identifierhttps://orcid.org/ 0000-0002-8696-7495
dc.identifier.citationMudau, Fungai Paul . (2023). The role of local government in achieving spatial equity through the realisation of the right to housing in South Africa [Master’s dissertation, University of the Witwatersrand, Johannesburg].WireDSpace.https://hdl.handle.net/10539/43548
dc.identifier.urihttps://hdl.handle.net/10539/43548
dc.language.isoen
dc.publisherUniversity of the Witwatersrand, Johannesburg
dc.rights© 2025 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg.
dc.rights.holderUniversity of the Witwatersrand, Johannesburg
dc.schoolSchool of Law
dc.subjectCentral business district
dc.subjectCity centre
dc.subjectCompetency
dc.subjectDecentralisation
dc.subjectDelegation
dc.subjectDevolution
dc.subjectUCTD
dc.subject.otherSDG-8: Decent work and economic growth
dc.titleThe role of local government in achieving spatial equity through the realisation of the right to housing in South Africa
dc.typeThesis
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