8th Dullah Omar Memorial Lecture
Engaging meaningfully with government on socio-economic rights: A focus on the right to housing
Some people do not know that their right to participate is protected in the Constitution, in South African legislation and in international law. They also do not know the key principles about meaningful engagement set out by the courts, especially the Constitutional Court. It is important for right-holders to know about their right to participate. They need to know what the courts have said about the duties it places on government and the process of meaningful engagement. The courts have mostly dealt with meaningful engagement in cases to do with housing rights. Therefore, this booklet focuses mainly on the right to housing when it explains the objectives, subject and process of meaningful engagement.
This booklet:
- explains what meaningful engagement is;
- tries to show the link between meaningful engagement and consultation and mediation;
- explains how meaningful engagement is protected in the Constitution, in legislation and in international law
- gives information on the objectives and subject of meaningful engagement;
- explains when engagement should take place;
- explains what the engagement should be about;
- identifies principles and guidelines that make engagement ‘meaningful’;
- suggests what community leaders’ role should be in the engagement process;
- gives a summary of three important decisions of the Constitutional Court that
- deal with meaningful engagement;
- gives details of some organisations and institutions that could provide advice to people faced with evictions where engagement was not meaningful. Or
- they could give general advice on meaningful engagement in accessing socioeconomic rights.