Consequently the white minority area, (predominantly urban) were more developed than areas occupied by other racial groups. The areas occupied by white people became rich more developed whilst other areas were under-developed and poor. Such segregation, mainly those between the poor areas and the rich areas undercut city cohesion and solidarity. The South African government is actively promoting social cohesion through various initiatives. The initiatives are aimed at promoting social integration and inclusiveness in the cities. The government’s initiatives aimed at promoting social cohesion cannot afford to neglect the integration of the previously marginalised people who could not access the city due to apartheid policies. These are the people who became restive as a result of poverty and lack of jobs in rural and peri-urban areas. Consequently, they moved to the cities in search of ‘better life’. Once in the city, they either engaged in formal or informal sector in order to generate income for survival. Clearly, the law that infringes their ability to earn income in the city will not be impeding the right to the city, but other constitutionally protected rights such as the right to dignity and equality. Any law or practices that deny them an opportunity to be in the city impact on social structure and ultimately undermine government efforts to integrate social and eradicate inequality. The right to the city comprise of an interrelated and interdependent package of rights rather than singular entitlement, it becomes easier to support with the logic of legal human rights framework. Accordingly, individuals’ right to dignity and equality will be impacted by policies that seek to regulate individuals’ right to the city. Consequently, they impacted on the individuals’ right to dignity and equality.

Constitutional and legislative provisions pertaining to the right to the city

The preamble and the founding values in section 1 of the Constitution squares perfectly with the right to the city’s foundational emphases on ideals of inclusion, participatory, tolerance and respect for difference and belonging. The city citizens’ participation in the collective redesigned and planning of the South African cities in the pursuit of post-apartheid urban citizenship, correspond to with a constitutionally envisaged transformation project. The right to the city is an equitable usufruct of cities within the principles of sustainability, democracy, and equity as well as social justice. It is the collective right of the inhabitants of cities, in particular of the vulnerable and marginalised groups, that confers upon them legitimacy of action and organisation, based on their uses and customs, with the objective to achieve full exercise of the right to free self-determination and an adequate standard of living. The essential elements of the right to the city includes: the right to work, health, healthy environment a