In 2016, this property in Sea Point was sold by the Western Cape Government to the Phyllis Jowell Jewish Day School for R135 million. This sale has now been overturned by the Constitutional Court.
In a landmark judgment, which delivers a damning indictment of the Western Cape Provincial Government and the City of Cape Town for failing to dismantle the legacy of apartheid spatial planning, the Constitutional Court on Thursday declared the sale of the Tafelberg site in Sea Point unlawful.
The court declared that both the city and the Provincial Government have failed to comply with their obligations to provide access to adequate housing and have failed to comply with their constitutional obligations in the implementation and completion of their respective social housing programmes, policies, and projects in the Cape Town CBD and Sea Point.
Both the city and the province were put on terms to submit a report to the Western Cape High Court within three months, setting out current policies and programmes for the provision of affordable housing in the CBD, including the steps taken to give effect to its constitutional obligations.
The province must also report on the steps taken to co-ordinate with the city and the national sphere of government in respect of the planning and implementation of affordable housing in the CBD.
