Housing is not being treated as a human right. So said constitutional court judge Rammaka Steven Mathopo when he presented the 20th annual human rights lecture recently.
The discussion, titled “A Right to Remain”, focused on spatial justice and a transformative approach to housing rights.
“Housing has been financialised, which means it has been treated as a commodity, a means of accumulating wealth. It has not been treated as a human right,” said Mathopo.
He described housing as a “space to determine who belongs, and who does not” in our society.
The event, hosted by the Stellenbosch University (SU) law faculty and South African law firm, Webber Wentzel, was attended by students, media, attorneys, members of the bar and law community.
Professor Richard Arno Stevens, acting deputy vice-chancellor academic at SU, introduced the lecture and the topic of spatial justice. This referred to people’s right to adequate resources, services and proper housing in an area.
“We are acutely aware that our history places particular responsibility on us,” said Stevens. “We cannot speak about rights in the abstract. We must engage with them in the context of South Africa, in our continent and in our world – questions of dignity, belonging and justice are of critical importance.”
Mathopo referenced section 26 of the Constitution, which “acknowledges that home is more than just a shelter from the elements. It is a zone of personal intimacy [and] family security”. Access to land and accommodation for people is therefore crucial, he said.
Mathopo spoke about urbanisation, and how people leaving their hometown to find work opportunities created fractured communities.
Referencing development in marginalised spaces, development “must proceed in a manner that does not create displacement of the vulnerable”, said Mathopo.
The legal framework exists, and what remains, said Mathopo, is the question of implementation.
Mathopo spoke about the role of courts in guiding structural change in South Africa. While the court cannot tell the government how to spend the budget, they can tell them what is just. Location, when it comes to people who have been displaced, is therefore a constitutional consideration. “Human dignity must remain a guiding principle,” said Mathopo.
Graham Viljoen Webber Wentzel’s managing director, spoke about having a transformative approach to housing rights in South Africa. “The geography of inequality is written into our cities and towns,” said Viljoen. He emphasised Section 26 of the constitution, and the weight it carried.
Professor Richard Stevens opens up the evening, and speaks about how the ‘Right to Remain’ was a central issue in South Africa. PHOTO: Supplied/Robyn-Leigh Abrahams
“The value of home cannot be reduced to a physical structure,” said Mathopo. According to the judge, the issue of spatial injustice can directly sever access to employment opportunities.
According to Mathopo, transformation and restoration require a transformative approach. He said this cannot happen without a sustained effort from policymakers, and through constant dialogue and the ethical mentality to do better.
Stevens said it was important that the message shared would not remain just in the lecture hall, but would “find expression in the lives of people”.
Justice Mathopo delivers the lecture in the law faculty of Stellenbosch University. The audience included students, professors, advocates, judges, members of the bar and the media. PHOTO: Supplied/Robyn-Leigh Abrahams