South Africa: Government is failing millions of people trapped in informal settlements and impacted by the climate crisis – new report

 

The government is putting the well-being and in many cases the lives of the more than five million people living in South Africa’s informal settlements at risk by failing to provide them with access to quality housing and essential services, Amnesty International South Africa said in a new report. 

These people, many of them living on flood-prone land, are routinely left to cope on their own especially during severe weather conditions, despite the fact that the main responsibility for preparing for and responding to these disasters lies with the government.

“Informal settlements in South Africa along with other underserved areas like temporary relocation areas, are a sore reminder of the racial injustice and disenfranchisement that were hallmarks of the colonial and apartheid regimes preceding 1994. However, this does not mean that we must ignore the fact that the ongoing housing crisis and the failure of successive governments to guarantee the right to access to adequate housing among other human rights” Amnesty International South Africa, Executive Director, Shenilla Mohamed

Amnesty International South Africa’s report Flooded and Forgotten: Informal Settlements and the Right to Housing in South Africa examines the incidence and impact of floods, both large scale and seasonal caused by heavy rain, on residents of informal settlements and underserved areas in South Africa, particularly in Johannesburg, eThekwini, and Cape Town.

“Informal settlements in South Africa along with other underserved areas like temporary relocation areas, are a sore reminder of the racial injustice and disenfranchisement that were hallmarks of the colonial and apartheid regimes preceding 1994. However, this does not mean that we must ignore the fact that the ongoing housing crisis and the failure of successive governments to guarantee the right to access to adequate housing among other human rights,” Amnesty International South Africa Executive Director Shenilla Mohamed said. 

“The government is failing the millions of people trapped in these underserved areas, especially in a time when economic hardships and poverty are rife. People live in informal settlements because there is a lack of affordable and accessible formal housing and sometimes because they are the only affordable means of living close to work or work opportunities. Article 10 of South Africa’s Constitution, which is part of the Bill of Rights is clear that everyone has inherent dignity and the right to have their dignity respected and protected, no matter who they are.”

More government action urgently needed to deal with increased risk of flooding

The recent floods in June 2025 in the Eastern Cape province, which caused the death of over 100 people and washed away the homes of thousands of people, was a stark reminder that urgent and long-term action by the government is needed. While South Africa’s Disaster Management Act and National Disaster Management Framework aim to reduce the risk of disaster, there is ample evidence that not enough is being done towards this end. 

Based on the experiences of people living in informal settlements documented in Amnesty International’s report, interviews with experts and practitioners in the field and a review of reports, laws and policies, evidence shows that South Africa’s response to flooding disasters – whether major or seasonal– is patchy and piecemeal, with not enough done to prepare for such events. 

For example, people displaced by KwaZulu-Natal floods in 2022 are still in temporary emergency accommodation in poor conditions nearly three years later, indicating a lack of preparedness for recovery efforts. Some of those displaced died after they were relocated to an area that was severely flooded in 2025, highlighting a serious failure to ensure that flood victims are relocated to safety. In the case of seasonal flooding, the support and assistance that many residents of informal settlements experience is alarmingly poor or absent. 

Although the KwaZulu-Natal Department of Human Settlements, in their response to Amnesty International, dated 30 October 2025, asserted that “informal settlements are not planned settlements and inherently their establishment would not be preceded by the availability of basic services”, South Africa remains bound by constitutional and international obligations to provide essential services to all residents, including those living in informal settlements. 

“The reality, as documented in Amnesty International’s report, is that millions of South Africans living in informal settlements are deprived of these rights due to central government neglect, under-resourced municipalities, and poor urban governance, not simply because their settlements are unplanned,” Shenilla Mohamed said.

“The lack of access to adequate, well-located affordable housing in South Africa has also led to the growth of informal settlements in floodplains and low-lying areas which means that people living there are increasingly impacted by flooding.”

The climate crisis is making the situation far worse

Human-induced climate change has also exacerbated the risks of flooding, already a seasonal problem in South Africa’s informal settlements and underserved areas. As elsewhere in the world, this means that people who have contributed the least to climate change due to their low consumption patterns and are least able to cope with flooding are the worst affected by the impacts of climate change. 

“We have no help from anyone, we have to stay and fix it, we can’t run away… where will we go?” Victim from Freedom Park

One of the main concerns expressed to Amnesty International in all three metropolitan areas was that the regular seasonal flooding of informal settlements and underserved areas was rarely seen as warranting a disaster response by the municipalities. The residents were simply left to fend for themselves and rely on charitable organisations. 

A woman from Freedom Park in Johannesburg said: “We have no help from anyone, we have to stay and fix it, we can’t run away… where will we go?”

South Africa must meet its human rights obligations

South Africa has a plethora of laws and policies on issues around access to housing, provision of essential services such as  water and sanitation, upgrading of informal settlements, a healthy environment, and preparing for and responding to disasters. It is also a state party to all the major international and regional human rights instruments including the UN International Covenant on Economic, Social and Cultural Rights which guarantees the rights to access adequate housing, water and sanitation. 

“Despite South Africa having strong legislation and policy and clear international commitments as with so many other things in this country, implementation remains the issue. The reality points to obvious failures of the government to adequately and thoroughly realise these obligations and this comes at a huge cost to the human rights, lives and livelihoods of millions of people,” Shenilla Mohamed said. 

The South African government must provide access to adequate housing for people living in the country and commit to upgrading informal settlements with access to essential services in a manner that complies with human rights law and standards, including through budgetary and policy commitments.

It must also mobilise all the necessary human, financial and technical resources to ensure that disaster risk reduction is fully integrated into urban planning processes and these are implemented with a view to protecting residents of informal settlements from disasters, climate change related or otherwise, and protecting their human rights.

Distributed by APO Group on behalf of Amnesty International.