Abstract
AbstractThis article analyses how emergency regulations protected persons living in urban poverty, particularly unlawful occupiers, from eviction during the COVID-19 pandemic in South Africa. It is set against the socio-economic and environmental effects of unlawful occupiers being forced onto the streets through evictions. It examines the judicial interpretation and application of the COVID-19 regulations on the prohibition of the eviction of unlawful occupiers, together with remedies for compensation for demolished dwellings. Ultimately, the article shows that the regulatory and judicial responses to the pandemic were pro-poor and sought to protect human dignity, the right to life, and the right to an environment that is not detrimental to human health and well-being. The responses safeguarded access to housing at a time when many vulnerable people could have been rendered homeless by eviction and the demolition of their dwellings.
Highlights
This article analyses how emergency regulations protected persons living in urban poverty, unlawful occupiers, from eviction during the COVID-19 pandemic in South Africa
The COVID-19 pandemic and the measures implemented by the South African government to curb its spread caused suffering to many people, persons living in urban poverty
In its attempts to slow the spread of the virus by reducing overcrowding and enhancing social distancing, the government, like some of its counterparts worldwide, threatened persons living in informal settlements with mass removals, prompting the UN special rapporteur on the right to housing to implore governments to desist from such large-scale operations during the pandemic.[1]
Summary
The COVID-19 pandemic and the measures implemented by the South African government to curb its spread caused suffering to many people, persons living in urban poverty. In addition to the enhanced provision of water, sanitation equipment and other necessities to informal settlements, the government appointed contractors to fast-track the building of housing units to ease the congestion in informal settlements, without forcibly relocating people.[2]. This article is a doctrinal analysis of recent developments in South African law and jurisprudence on the protection of unlawful occupiers from eviction during the different COVID-19 alert levels. It is set against the backdrop of the consequent socio-economic and environmental effects when poor people living in urban poverty are evicted.
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