The Press Release “Landmark Tafelberg Court Case is heading to the Constitutional Court” appeared first on Ndifuna Ukwazi.
As Ndifuna Ukwazi states: The Constitutional Court will hear Ndifuna Ukwazi (NU) and Reclaim the City’s (RTC) appeal against the Supreme Court of Appeal’s (SCA) decision in the Tafelberg case. This hearing will happen along with the National Minister of Human Settlements’ related appeal. The date is yet to be announced.
- WHY THIS IS IMPORTANT: This is a crucial moment in a nearly decade-long legal battle. The Highest Court will examine if the Western Cape Government (WCG) and City of Cape Town have acted reasonably to fix spatial apartheid and ensure equitable access to land and housing. It will also clarify legal requirements for government handling of public land and public participation in these decisions.
- HIGH COURT JUDGEMENT: Four years ago, on 30 August 2020, the High Court invalidated the WCG’s sale of the Tafelberg site in Sea Point. The court found that the WCG and City failed in their duty to correct spatial apartheid in central Cape Town and ordered them to create a plan to fulfil their obligations. This decision gave hope to many poor and working-class people excluded from well-located land and housing. NU and RTC believe the SCA was wrong to overturn this judgment.
- ARGUMENTS IN THE CONSTITUTIONAL COURT – NU and RTC will argue that:
- The SCA incorrectly focused on whether there is a right to claim specific social housing locations instead of whether WCG and City acted reasonably in addressing spatial apartheid.
- The SCA wrongly relied on future social housing projects and ignored that no social housing has been built in central Cape Town since democracy began.
- Even the new social housing commitments were only added after the initial legal challenge.
- The SCA did not interpret the relevant laws through the Constitution.
- The SCA failed to recognize the importance of addressing spatial injustice in central Cape Town.
- The High Court’s decision to invalidate the Tafelberg site sale was never appealed. The ongoing legal case does not prevent the site from being developed into social housing, but there is no firm commitment from the WCG to do so.
- STATEMEMENTS FROM NU LEADERS:
- Disha Govender, Head of Ndifuna Ukwazi Law Centre: “30 years after democracy, apartheid’s legacy still looms large. The Tafelberg Court Case aims to hold the Western Cape and City of Cape Town accountable for using and redistributing public land to ensure an inclusive and spatially just city. The time is now!”
- Buhle Booi, Head of Political Organising, Ndifuna Ukwazi: “While litigation is vital for spatial justice, it’s crucial to empower people to hold the Western Cape Premier accountable. We must ensure the Tafelberg site is used for affordable housing for working-class people. This fight is both a legal and collective effort to transform our society and create an inclusive city.”
TAKE ACTION:
- Join NU and RTC in calling for accountability and help us get #TafelbergtoConCourt.
- Donate here and use TAFELBERG as reference.
- Email Premier Alan Winde at premier.winde@westerncape.gov.za to demand that social housing be built on the Tafelberg site.
- Look out for upcoming actions where you can show support and solidarity.
