Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog?
The cities are rapidly sprawling in South Africa, despite the city authorities’ attempts at containing the sprawl. This has signalled the need for strong urban densification policy which – if properly designed and implemented – promises to yield several benefits such as smart, inclusive, equitable a...
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2024-12-01
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| Series: | International Journal of Urban Sustainable Development |
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| Online Access: | https://www.tandfonline.com/doi/10.1080/19463138.2024.2389111 |
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| author | Gaopalelwe Mathiba |
| author_facet | Gaopalelwe Mathiba |
| author_sort | Gaopalelwe Mathiba |
| collection | DOAJ |
| description | The cities are rapidly sprawling in South Africa, despite the city authorities’ attempts at containing the sprawl. This has signalled the need for strong urban densification policy which – if properly designed and implemented – promises to yield several benefits such as smart, inclusive, equitable and sustainable cities. Densification policy can also facilitate access to adequate housing which remains a challenge in South Africa where millions of people are inadequately housed, if not homeless. Using a qualitative investigation and literature review to analyse the relevant policies and case law, this article investigates whether a legally sound argument can be developed for compulsory acquisition of property to be deployed as a mechanism to facilitate enhanced access to housing for the poor and marginalised. Put differently, the article asks whether compulsory acquisition could be an ideal method of facilitating densification to ramp up housing provision across the country. The findings suggest that urban densification policy is a necessary intervention in that regard. Compulsory acquisition of property is advanced as an optimal method to achieve this endeavour. |
| format | Article |
| id | doaj-art-c3a0176f68e94fe0a16f1a22e6b53624 |
| institution | Kabale University |
| issn | 1946-3138 1946-3146 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | International Journal of Urban Sustainable Development |
| spelling | doaj-art-c3a0176f68e94fe0a16f1a22e6b536242024-12-03T12:52:33ZengTaylor & Francis GroupInternational Journal of Urban Sustainable Development1946-31381946-31462024-12-0116129931610.1080/19463138.2024.2389111Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog?Gaopalelwe Mathiba0Department of Private Law, Faculty of Law, University of Cape Town, Cape Town, South AfricaThe cities are rapidly sprawling in South Africa, despite the city authorities’ attempts at containing the sprawl. This has signalled the need for strong urban densification policy which – if properly designed and implemented – promises to yield several benefits such as smart, inclusive, equitable and sustainable cities. Densification policy can also facilitate access to adequate housing which remains a challenge in South Africa where millions of people are inadequately housed, if not homeless. Using a qualitative investigation and literature review to analyse the relevant policies and case law, this article investigates whether a legally sound argument can be developed for compulsory acquisition of property to be deployed as a mechanism to facilitate enhanced access to housing for the poor and marginalised. Put differently, the article asks whether compulsory acquisition could be an ideal method of facilitating densification to ramp up housing provision across the country. The findings suggest that urban densification policy is a necessary intervention in that regard. Compulsory acquisition of property is advanced as an optimal method to achieve this endeavour.https://www.tandfonline.com/doi/10.1080/19463138.2024.2389111Urban densificationcompulsory acquisitionhousing rightshomelessnessproperty rightsSouth Africa |
| spellingShingle | Gaopalelwe Mathiba Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog? International Journal of Urban Sustainable Development Urban densification compulsory acquisition housing rights homelessness property rights South Africa |
| title | Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog? |
| title_full | Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog? |
| title_fullStr | Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog? |
| title_full_unstemmed | Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog? |
| title_short | Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog? |
| title_sort | compulsory acquisition of property for urban densification in south africa an answer to the chronic housing backlog |
| topic | Urban densification compulsory acquisition housing rights homelessness property rights South Africa |
| url | https://www.tandfonline.com/doi/10.1080/19463138.2024.2389111 |
| work_keys_str_mv | AT gaopalelwemathiba compulsoryacquisitionofpropertyforurbandensificationinsouthafricaananswertothechronichousingbacklog |