The Constitutional Court will in coming months make a final decision in the decade-long Tafelberg saga. The court’s ruling could significantly impact how provincial and local governments approach affordable housing and the disposal of state-owned land.
in the decade-long Tafelberg saga. The court’s ruling could significantly impact how provincial and local governments approach affordable housing and the disposal of state-owned land.
Members of Reclaim the City picket in the lobby of the legislature in January 2025. Archive photo: Matthew HirschBeyond the Tafelberg site, the Constitutional Court ruling could have wide implications for how local and provincial governments use state-owned land. The High Court agreed with Ndifuna Ukwazi that the Province had an obligation to prioritise social housing in the inner-city such as at the Tafelberg site. It also agreed with the Minister of Human Settlements, who had launched a second application, that the Province should have consulted with the national minister before proceeding with the sale.
Supporters of Reclaim the City and Ndifuna Ukwazi chant on the steps of the Western Cape High Court in November 2019. Archive photo: Madison YaugerProperty law expert at Stellenbosch University Tanveer Jeewa said the timing of the announcement by the Province raised questions. The current plan for the Tafelberg site is still vague. The Province has said a portion of the site will be used for ‘affordable housing’ and the remainder will be used by the Department of Social Development for social services. Simmers said it was not possible at this stage to say how many affordable housing units would be developed at the site.
Joselyn Tango holds up a placard in March 2016 at a protest organised by Reclaim the City to interdict the sale of the Tafelberg site. Archive photo: Mary-Anne GontsanaWhen Ndifuna Ukwazi launched its court action in 2017, no affordable housing had yet been built in the Cape Town inner city. In the years since, there have been some substantial improvements.
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