The Tafelberg site in Sea Point under contention.
The Constitutional Court has ruled that the Western Cape provincial government acted unlawfully in its handling of the sale of the state-owned Tafelberg property in Sea Point, Cape Town, in a landmark judgment that has been welcomed by both the national government and other political voices as a major victory for spatial justice.
In its ruling, the apex court found that the province failed to meet its obligations under the principles of co-operative governance by not consulting or informing the Minister of Human Settlements before deciding to dispose of the strategically located property. The Court also declared the sale unlawful, finding that the province had incorrectly classified the land as surplus to its requirements.
Minister of Human Settlements Thembi Simelane welcomed the judgment, describing it as “an important affirmation of government’s constitutional obligations in advancing spatial justice and equitable access to well-located land.”
The ministry said the ruling reinforces government’s duty to engage meaningfully with affected communities and take their views into account before selling public land with significant social value.
