The fight for affordable housing at the old Tafelberg School site in Sea Point has gone all the way to the Constitutional Court.
Housing activists Ndifuna Ukwazi and Reclaim the City are appealing a Supreme Court of Appeal (SCA) judgment in April which overturned the Western Cape High Court’s decision which found the sale of the site to be unlawful.
According to Ndifuna Ukwazi, the SCA overturned the Western Cape High Court’s decisions, “which found that the Province and City had failed in its obligations to redress spatial apartheid in central Cape Town and overturned other orders that related to the constitutionality and application of laws that deal with the management and disposal of state land.” (“SCA rules in favour of province in Tafelberg site case”, April 25, 2024’ and “Tafelberg site up for ‘exploration process’”, February 29, 2024)
Ndifuna Ukwazi say they will continue to hold Western Cape Premier, Alan Winde, accountable, and that relying on litigation to compel the provincial government to act is tiresome.
Together with Reclaim the City, a movement of tenants and workers campaigning for affordable housing in well-located areas, Ndifuna Ukwazi have been fighting for the land on Main Road in Sea Point for years.
The Constitutional Court has confirmed that it will hear Ndifuna Ukwazi and Reclaim the City challenge against the verdict and order in the Tafelberg case.
The hearing date is yet to be set.
“This issue transcends legal battles that cost taxpayers millions of rands; it is fundamentally a moral question of spatial justice. It is about ensuring that Cape Town’s land serves its people and fosters social cohesion,” a Ndifuna Ukwazi statement says.
“The organisation has consistently tried to appeal to the premier’s conscience before by presenting the province with feasibility studies that demonstrate the viability of building affordable housing on the site. These studies provide logical and practical evidence that developing the Tafelberg site for social housing is not only possible but also beneficial for social integration.”
Ndifuna Ukwazi says they have attempted to interact with Mr Winde’s office regarding development plans, but they have yet to receive any responses.
According to Regan Thaw, the premier’s media liaison officer, Mr Winde has urged Ndifuna Ukwazi and Reclaim the City to collaborate with the provincial government and the City of Cape Town to address housing concerns.
“We remain committed to achieving dignified spatial redress by working together. Constructive engagement is in the best interest of all of us. We want to see well-located social housing across our province and this requires all of us working together to achieve this. With this judgment confirming that the provincial government followed the correct processes, I am looking forward to engaging with important stakeholders,” the statement from the premier’s office says.
Ndifuna Ukwazi says they are leveraging participatory democracy by encouraging community members to actively engage with political processes.
“We are mobilising individuals to write to the office of the premier, demanding the release of the Tafelberg site. This strategy not only amplifies the people’s voice but also puts direct pressure on political leaders to respond to public demands of releasing public land for its social value,” the Ndifuna Ukwazi statement said.
Ndifuna Ukwazi believes that combining grassroots education with direct political engagement will build a sense of agency within communities fighting for urban land justice, bringing together both working and middle-class residents to fight for spatial justice and the right to the city.
