Western Cape High Cape sets a new benchmark for promoting spatial equity, access to land and housing,

The Constitution does not make explicit reference to ‘spatial equity’. However, the spatial inequalities that are characterised by poor living conditions, continuous struggles for basic amenities, severe shortages of housing stock and an infrastructure backlog, can amount to indirect racial discrimination. Thus, spatial inequalities can clearly implicate the right to equality as stipulated by section 9 (2) of the Constitution. The achievement of spatial equity through the right to housing is strengthened by the crucial linkage between access to land and housing rights. Sections 25 (5), 26 (1) and 26 (2) of the Constitution, and the relevant legislation were enacted to give effect to these rights for the purpose of remedying the apartheid spatial planning. In this regard, the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) with its far-reaching objectives significantly bolsters the pursuit of spatial equity.