Western Cape Superior Court …

Protests over the land sale in Cape Town’s financial district and legal action resulted in a victory for affordable housing on Monday, August 31, 2020 when judges ruled against the city of Cape Town. (Photo: Ashraf Hendricks / GroundUp)

The sale of the Tafelberg site in Cape Town has been a contentious issue in the fight for affordable housing in central Cape Town. On Monday, the Western Cape High Court overturned the sale of the land and ordered the provincial government and the city to develop policies addressing the legacies of apartheid in central Cape Town.

On Monday, August 31, the sale of the Tafelberg property in the Cape Town suburb of Sea Point was reviewed and annulled by the Western Cape Superior Court. The 1.7 hectare site, just 3.5 km from Cape Town’s financial district on the Atlantic coast, has become a bone of contention among activists who want affordable housing within the financial district and two spheres of government who admit that no social or affordable housing has been developed in the CBD in the last 25 years.

In March 2017, under then-Prime Minister Helen Zille, the city-owned site, known as Tafelberg-owned, was sold to the Phyllis Jowell Jewish School for 135 million rand. At the time, the province wanted to use the proceeds to buy a building for the Western Cape Department of Education, but activists wanted the 1.7ha site to be used for social housing. Housing activists, Reclaim The City and Ndifuna Ukwazi launched an injunction to stop the sale of the property.

Over a five-day period in November 2019, the court heard various arguments regarding the sale: On day 1, Ndifuna Ukwazi’s lawyers argued that the province and the city had failed in 25 years to provide affordable and social housing within from the Cape Town CBD limits.

On Day 2, Equal Education, which joined the case as friends of the court, argued that housing policy should take education into account, that students could benefit from a better education and shorter travel times if they lived closer of schools within the CBD.

On the 3rd, Cape Town City attorneys admitted that no social housing had been built in the CBD in 25 years.

On the 4th, GroundUp reported that attorneys for the Phyllis Jowell Jewish Day School said 44 affordable housing units would be built on the property, should the sale go through.

On the 5th, the Social Housing Regulatory Authority affirmed that there was no consultation from the province regarding the sale of the property.

Now, Justices Patrick Gamble and Monde Semela have shelved the sale of the property and the province’s subsequent decision not to withdraw from the sale.

The court found that the province did not first offer the land to the provincial housing department before selling the property. In addition, the province was wrong when it concluded that the site was not within a restructuring zone, which meant that if zoned accordingly, “the designation of said zone would have entitled the province to apply for a grant for the reconstruction of the national department of human settlements, should it decide to develop affordable housing on the Tafelberg site, ”the ruling reads.

Additionally, the court issued a declaratory order that the Western Cape government and the City of Cape Town did not constitutionally provide access to affordable housing to those who qualify. The court ruled that both the city and the province should develop a combined policy to address this and inform the court by May 31, 2021 with an update to this plan.

At the same time, the court determined that the province needed to consult the national human settlements department on the sale of the Tafelberg site. The department also started a parallel court case, saying the department was not consulted on the land layout.

The judges found that “the refusal of the prime minister (Helen Zille) to consult the minister of human settlements violated her duties to promote cooperative governance among the different spheres of government in accordance with Chapter 3 of the Constitution.”

After the ruling, Mandisa Shandu, Executive Director of Ndifuna Ukwazi, was told Daily maverick: “This is huge … much of our work to promote justice for the land has started from this Tafelberg problem.”

Shandu said the ruling stated that the province has an obligation to use the land for affordable housing.

“The illegal sale of the Tafelberg school site demonstrates this government’s resistance to social and spatial integration, and the use of well-located public land to address the housing shortage,” said Brett Herron, former mayor of the committee. of Cape Town for transport and urban development. and currently a member of the Western Cape Provincial Legislature.

“The fact that the Western Cape government persisted in the sale, despite all the evidence that the site was viable for affordable social housing, and despite the pleas of countless organizations and housing experts, was an act of arrogance. and challenge, ”he said.

In a statement, the Western Cape government said it took note of the ruling. “We will study the ruling, which is more than 200 pages long, in detail and in consultation with our legal counsel and that of our custodian Department of Public Works before determining the next step in this matter.

“The Western Cape government is deeply committed to addressing residents’ need for affordable housing and repairing the spatial legacy of apartheid. In this regard, we have a year-round construction program that develops a range of affordable housing options that are close to economic and educational opportunities, and public transportation routes, and that will allow residents to build lives they value, for themselves and their families, “Prime Minister Alan Winde said in the statement.

The court ordered the province and city to pay the RTC costs in the application. In the case between the human settlements department and the province, the court ruled that the province should pay the costs. DM