Housing at the Heart of Human Rights as SA Marks 30 Years of the Constitution

As South Africa commemorates Human Rights Month and approaches the 30th anniversary of its Constitution, the link between constitutional rights and access to dignified housing has come into sharp focus.

Human Settlements Minister Thembi Simelane says the milestone offers an opportunity to reflect on how democratic reforms have transformed property ownership, housing access and spatial justice since 1994.

Speaking to Public Sector Manager magazine, Simelane emphasised that housing is more than infrastructure delivery — it is a direct expression of human dignity, equality and the constitutional right to adequate shelter.

"Human rights and 30 years of the Constitution is an important celebration that needs to be held," Simelane said.

Housing as a Constitutional Right

Simelane stressed that South Africa's Constitution fundamentally changed the way property ownership and housing rights are understood, particularly for historically marginalised groups.

For decades under apartheid, women and many vulnerable groups were excluded from property ownership and secure tenure.

"Gone are the days when women and specialised categories of society could not own property," she said.

"It took a lot of policy and direction just to make sure we are equal citizens in the eyes of the law."

According to the Minister, the right to own property is closely tied to the broader constitutional promise of dignity and equality.

"Your right is guaranteed by the Constitution – that you deserve dignity," she explained.

"Dignity is part of what could be realised by a government in providing you with a house."

Beyond Housing: Building Integrated Communities

Simelane emphasised that the democratic vision for housing extends beyond building individual houses to creating integrated human settlements.

This includes access to social amenities and infrastructure that improve quality of life.

"Not only providing you with a house, but a human settlement where there are amenities like schools, complexes, recreation centres and skills training and development centres that our communities so deserve," she said.

Integrated human settlements aim to ensure communities have access to education, economic opportunities, services and safe living environments.

Progress in Infrastructure and Services

Despite persistent housing backlogs, Simelane highlighted significant progress in expanding services to communities since the advent of democracy.

According to the department:

• Electricity access in human settlements has reached approximately 97% nationally

• Water and reticulation connectivity stands at around 72%

• Infrastructure rollouts increasingly include roads, bulk services and social amenities

"We have ticked what is key," Simelane said, noting that government has made substantial progress in improving living conditions.

However, she acknowledged that rapid urbanisation and migration are creating new pressures on housing delivery.

Urbanisation and the Seventh Administration's Priorities

South Africa's rapid urbanisation and population growth are reshaping the housing landscape, requiring new approaches to planning and development.

The 7th Administration is prioritising development in secondary cities and smaller towns to reduce pressure on major metros.

"Ensuring that we now even go into urbanisation of the small areas so that, conveniently, people are able to stay where they are," Simelane explained.

The strategy aims to support balanced regional development and reduce spatial inequality.

Oversight Institutions Strengthening Democracy

Simelane also emphasised the importance of democratic oversight institutions such as the South African Human Rights Commission (SAHRC) in ensuring constitutional rights are upheld.

"We have got a democracy in the form of the SAHRC, and that guarantees every South African that if you feel that your right is being violated… you can raise that right," she said.

The Minister stressed that oversight institutions play a constructive role in strengthening government systems and improving service delivery.

"We must celebrate the Constitution as a victory."

Technology Driving Housing Innovation

Looking ahead, the Department of Human Settlements is increasingly turning to technology and innovation to accelerate housing delivery.

In the 2025 Budget Vote, the department adopted the theme "Leveraging technologies for resilient, sustainable human settlements."

Simelane said this approach supports the objectives of the Medium-Term Development Plan (MTDP) 2024–2029.

Section 26 of the Constitution requires government to take reasonable legislative and policy measures within available resources to ensure access to adequate housing.

"With this directive, not only to provide houses, but to deliver sustainable human settlements that are affordable, resilient and dignified," Simelane said.

Innovative Building Technologies to Accelerate Delivery

A key initiative in this strategy is the Innovative Building Technologies (IBTs) Summit, hosted earlier this year to explore faster and more sustainable construction methods.

The summit showcased modular construction systems, alternative building materials, green energy-efficient housing designs and smart construction technologies.

"These solutions are designed to accelerate housing delivery while maintaining quality and regulatory standards," Simelane explained.

IBTs are also expected to help government tackle:

• The eradication of informal settlements and unsafe mud houses

• Housing backlogs in rapidly urbanising areas

• Disaster-related housing emergencies caused by floods and storms

Climate change, the Minister noted, is increasing the frequency of extreme weather events, making resilient housing infrastructure increasingly critical.

Addressing the Risks of Mud Houses

Simelane expressed particular concern about the continued presence of mud houses in some rural communities, which are vulnerable to collapse during heavy rains and flooding.

"These structures pose serious risks to the safety and well-being of occupants," she said.

Government is therefore exploring durable and affordable alternatives that can be deployed quickly while supporting local manufacturing, skills development and job creation.

Advancing Spatial Justice

For the Minister, the transformation of South Africa's spatial landscape remains central to fulfilling the Constitution's promise.

Through innovative construction methods and better urban planning, government aims to reverse apartheid-era spatial patterns and promote socially integrated communities.

"With IBTs, we seek to achieve spatially transformed and socially integrated communities," she said.

Higher-density housing developments in well-located areas are expected to improve access to jobs, services and economic opportunities.

Realising the Constitutional Promise

As South Africa marks three decades of constitutional democracy, Simelane said the country must both celebrate its achievements and intensify efforts to ensure that housing rights are fully realised.

"Through hosting the IBTs Summit, the department affirms its commitment to ensuring that all South Africans have safe, decent and affordable housing," she said.

"Housing is not just about structures," Simelane concluded.

"It is about dignity, equality and human rights made real."