South Africa is one of the countries with a very horrifying history. However, in the dawn of democratic governance, a worldly admirable constitution was brought into picture. The 1993 and 1996 South African Constitutions entrenched an elaborate Bill of Rights with provisions empowering courts to grant “appropriate relief and to make “just and equitable” orders. Happily, the Bill of Rights included justiciable and enforceable socio-economic rights. Amongst them, there is a right of access to adequate housing, for which this work is about. South Africa is viewed as a country with developed jurisprudence in the enforcement of socio-economic rights, hence it has been used as a lesson for Lesotho. Lesotho is still drowning in deep blue seas on enforcement of socio-economic rights either because the constitution itself hinders the progress thereon or because the parliament is unwilling to commit execute to the obligations found in the socio-economic rights filed. This work scrutinizes many jurisdictions and legal systems with a view to draw lively examples that may be followed by Lesotho courts towards enforcing housing rights. Indian and South African jurisprudences epitomize this notion.

Thesis. 1979. M.C.P.--Massachusetts Institute of Technology. Dept. of Urban Studies and Planning. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Includes bibliographical references. / M.C.P.

Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1982. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH / Bibliography: leaves 119-120. / by Melvyn Colón. / M.C.P.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

Thesis ( LLM.) --University of Limpopo, 2014 / The Enforcement of the right to housing is one of the greatest challenges facing South African Government. The slow rate of housing delivery has forced society to suspect corruption. Communities from different provinces have demonstrated, through strikes and protest to their local municipalities, to register their discontent about the slow pace of housing delivery. The study focuses more on groups of people who are unable to address their emergency housing needs from their own resources, such as, minors heading households, children without parents, elderly, disabled and unemployed people. The study further discusses the possible remedies to these vulnerable people when their right of access to adequate housing has been infringed, especially during eviction.

This thesis explores the impact of housing rights jurisprudence on Chinese legal and policy frameworks in the housing sector, examines the key related issues, and assesses whether current practices are in line with international best practice. The thesis considers three major questions, viz. 1 What are housing rights? 2 What is the significance of housing rights in the Chinese context? 3 Given the features and nature of housing rights, and China’s transitional societal background, how could housing rights be implemented? By looking at the jurisprudence and jurisprudential development of housing rights in international law and related humanitarian jurisprudence, this thesis proposes a three-layer framework of housing rights, which encompasses property and resource dimensions. While the property dimension requires the state to refrain from interfering in property interest in housing, the resource dimension establishes a set of principles for directing governmental duties in utilizing and redistributing resources. The governments should enable equal and equitable access to housing and housing-related resources, and ensure housing development is a human-centered, sustainability-oriented process. China is a transitional society, where the Constitution shows a trend towards strengthening property rights protection, but institutional constraints on property rights remain. There are also transformative schemes in the housing sector that take the form of land reform and public housing programs. An overview of the housing regime in China identifies three primary limitations: an incoherent legal framework of Chinese takings law related to the property dimension of housing rights; problems with equal and equitable access to land resource as reflected by the urban-rural divide in the land tenure system; and the lack of a sustainability vision in public housing development. It is, therefore, argued that implementing housing rights involves enshrining values and principles related to housing rights in the domestic constitution. This can take the form of reinterpreting the Chinese constitutional property according to the three-layer framework of housing rights. Such a reinterpretation sheds further light on how to resolve the key issues in the current housing regime. This study concludes that housing rights require Chinese constitutional property to strike a balance between protecting existing property-holdings and the transformative schemes in the housing sector. For the property dimension of Chinese constitutional property, housing rights help to construct a coherent jurisprudence for Chinese takings law. The resource dimension of housing rights serves as an assessment tool for the policy framework to guide both the utilization and redistribution of land resources and the development of public housing programs. This facilitates the legal and policy framework in the housing sector to be informed by humanitarian jurisprudence and be in line with international best practice. The pioneering nature of this thesis lies in its exploration of humanitarian jurisprudence which is new to Chinese constitutional reasoning, and the extension of jurisprudential discussion of housing rights to public policy formulation. It is also innovative in proposing the three-layer framework of housing rights. Some of the findings from the discussion of international jurisprudence may be extended not only to the Chinese setting but also to other transitional economies which face similar housing issues and concerns in their policy-making. / published_or_final_version / Real Estate and Construction / Doctoral / Doctor of Philosophy

No description available.

Thesis. 1976. M.C.P. cn--Massachusetts Institute of Technology. Dept. of Urban Studies and Planning. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 177-179. / by Jayne E. Shister. / M.C.P.cn

Thesis (MS en S) -- Stellenbosch University, 2002. / ENGLISH ABSTRACT: South Africa has a housing backlog of approximately 900 000 houses. The government and non-government organizations tries to provide housing for the disadvantage people of our land through sustainable development in an attempt control the housing crises. This study makes the point that sustainable development not nessereraly means the same as acceptable development. In order to provide acceptable housing with in the contexts of sustainable development, it is necessary to give more in depth and equal consideration to the social, economical and environmental aspects of sustainable development. This study focus on what is meant by the above mentioned aspects of sustainable development and what the direct and indirect impacts will be if it is not taken into consideration during the planning and construction faze of low-cost housing. Even though this study doesn’t provide the solutions to providing acceptable housing, it does make a few suggestions on how to obtain acceptable housing, not only for the people directly involved but also for the greater community of South Africa. One of the suggestions that, according to this study, should strongly be considered is the use of alternative building methods such as straw and clay, not only for the obvious environmental benefits but also for the economical and social benefits. / AFRIKAANSE OPSOMMING: Suid-Afrika sit tans met ’n behuisings-agterstand van ongeveer 900 000 huise. Die regering en nie-regerings organinsasies poog om deur die proses van volhoubare ontwikkeling, lae-koste behuising vir die behoeftige mense van die land te voorsien om sodoende die behuisingskrisis aan te spreek. Hierdie werkstuk maak die standpunt dat volhoubare ontwikkeling nie noodwendig sinoniem is met aanvaarbare behuising nie. Om aanvaarbare behuising te voorsien moet die huise binne die raamwerk van volhoubare ontwikkeling gebou word, maar daar moet meer in diepte gekyk word na, en gelyke hoeveelheid aandag aan alle sosiale-, ekonomiese- en omgewingsfaktore gegee word. Die werkstuk kyk in diepte na wat bedoel word met bogenoemde drie aspekte van volhoubare ontwikkeling en wat die direkte en indirekte gevolge is as dit nie in ag geneem word tydens die beplannings- en konstruksiefases van lae-koste behuising nie. Alhoewel die werkstuk nie defnitiewe oplossings bied vir die voorsiening van aanvaarbare behuising nie, word ‘n paar voorstelle gemaak van hoe behuisingsprojekte meer aanvaarbaar gemaak kan word, nie net vir die begunstigdes en owerhede nie, maar ook vir die res van die samelewing. Een van die voorstelle wat volgens die werkstuk baie sterk oorweeg behoort te word, is dat alternatiewe boumetodes (soos strooibale en klei) gebruik moet word, nie net vir die van selfsprekende ekologiese voordele wat dit inhou nie, maar ook vir ekonomiese en sosiale voordele.

This dissertation analyses the South African Rental Housing Act 50 of 1999 ("the RHA") with the aim of determining whether the RHA sufficiently protects the landlords‘ rights and interests as opposed to those of tenants (which it does indeed safeguard). Due to the current saturation of rental property in South Africa, landlords are no longer in an advantageous a position as before. In fact, the RHA was introduced to redress the imbalance caused by discrimination against tenants. However, times have changed. The researcher submits that the RHA needs to be re-examined in light perception of the landlord as a consumer. Having regard to both common and foreign law, the researcher identified the following four fundamental legal and practical rights on the part of the landlord: the right to freely contract; the right to safeguard financial interests; the right to safeguard proprietary interests; and the right to evict a defaulting tenant. The research reveals that the RHA does not give adequate recognition to these fundamental legal rights, and accordingly does not sufficiently protect the landlord as a consumer. In total nineteen recommendations how the RHA can adequately recognize and protect the landlord‘s interests are made.