Compulsory acquisition of property for urban densification in South Africa: an answer to the chronic housing backlog?

Abstract

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.

Keywords

• Urban densification
• compulsory acquisition
• housing rights
• homelessness
• property rights
• South Africa