The sale of the Tafelberg site in Cape Town has been a contentious issue in the fight for affordable housing in Cape Town’s city centre. On Monday, the Western Cape High Court set aside the sale of the land and told the provincial government and the City to draw up policies that address apartheid legacies in central Cape Town.
On Monday, 31 August, the sale of the Tafelberg property in the Cape Town suburb of Sea Point was reviewed and set aside by the Western Cape High Court. The 1.7 hectare site, just 3.5km outside the Cape Town CBD on the Atlantic Seaboard, has become a bone of contention between activists who want affordable housing within the CBD and two spheres of government who admit no affordable or social housing has been developed in the CBD in the last 25 years.
, lawyers for Ndifuna Ukwazi argued that the province and the City had failed in 25 years to provide social and affordable housing within the boundaries of the Cape Town CBD., Equal Education, who joined the case as friends of the court, argued that housing policy needed to take education into consideration – that learners could benefit from better schooling and shorter commuting times if they lived nearer to schools within the CBD.
Additionally, the court issued a declaratory order that the Western Cape government and the City of Cape Town failed constitutionally to provide access to affordable housing to people who qualified. The court ruled that both the City and the province must draw up a combined policy to address this and report back to the court by 31 May 2021 with an update on this plan.
Shandu said the judgment affirmed that the province has an obligation to use land for affordable housing.
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