Legislative and judicial responses to informal settlements in South Africa : a silver bullet?

The growth of informal settlements or slums has been an issue of concern for many, with international initiatives increasingly focusing on informal settlements, particularly the need to improve the living conditions in these settlements. This article examines the challenge of dealing with informal settlements, with particular focus on South Africa. It analyses the legislative and judicial processes at work in addressing informal housing issues in South Africa. The South African government is attempting to deal with the question of informal settlements and has adopted policy measures with some good principles. It is argued that the policy responses to informal settlements, riddled with problems of planning and implementation, have not been a silver bullet to the housing crisis or the growing inequity in South Africa. The courts on the other hand, the Constitutional Court in particular, have attempted to ensure that the rights of informal settlement dwellers are protected