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COMPARING SOUTH AFRICA AND TURKEY’S APPROACH TO THE RIGHT TO HOUSING, ESPECIALLY IN URBAN AREAS

As cities expand and housing demand rises, governments face growing pressure to provide safe, affordable and adequate housing. This article compares South Africa’s rights-based approach to housing, grounded in constitutional protections and human dignity, with Turkey’s development-driven model focused on large-scale housing delivery and urban renewal. By examining both systems, it highlights key lessons for addressing urban housing challenges while balancing efficient delivery with the protection of fundamental rights.

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PUBLIC LAND IS A CONSTITUTIONAL INSTRUMENT, NOT A BALANCE-SHEET ENTRY

The Constitutional Court’s Tafelberg judgment confirms that well-located public land cannot be treated merely as a commercial asset when it can help reverse apartheid’s spatial legacy. Where affordable housing is built matters, because access to employment, transport, education and essential services forms part of meaningful access to adequate housing. Municipalities and provinces must therefore manage and dispose of public land transparently, with genuine public participation and proper regard for its constitutional value.

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