A landmark ruling by the Constitutional Court regarding Cape Town's Tafelberg property sets a major precedent for social housing and spatial justice across South Africa.
This week, the Constitutional Court ruled that the 2015 sale of the Tafelberg property by the City of Cape Town was unlawful, thereby setting a precedent.
The ruling marks a major shift in public land disposal, according to John Jack, CEO of Galetti Corporate Real Estate. “The price of the asset is no longer the only consideration. The Court has made it clear that well-located public land also carries a constitutional purpose.”
In a unanimous judgment, the court not only set aside the sale but also ordered the City of Cape Town and the Western Cape Government to submit plans within three months outlining how affordable housing will be addressed on the site.
While the government may still sell land, it must now show that affordable housing has been properly considered and that meaningful public participation has taken place before any transaction is concluded.
