[100] Spatial justice theory and the concept of “the right to the city” were introduced into section 26 jurisprudence by
Thubakgale[129] and
Commando.
[130] As enunciated in the minority judgment in
Thubakgale:
“The concept of the right to the city, first conceived by Lefebvre, is composed of claims to habitation (to live in the city), appropriation (to make use of the city) and participation (to help create the city), all of which are curtailed by spatial injustice. This is a useful lens through which the applicants’ housing needs may be viewed.”
[131]
[101] The right to the city is a concept arising out of the intersection of a bundle of fundamental rights related to urban living. Most importantly, the concept shapes the right to adequate housing, moving it beyond merely access to shelter. It challenges traditional notions of urban development, calling for a transformative approach to spatial justice and a recognition of the lived experiences of marginalised communities.