The City of Cape Town and Western Cape Government were due to submit reports to the Western Cape High Court by Friday, October 2, 2026. The reports are a result of a Constitutional Court ruling that declared the 2015 sale of the Tafelberg property unlawful. The apex court ruled that the authorities had failed to consult the national minister of Human Settlements about their intention to dispose of public land and had not provided meaningful public participation.
The Tafelberg site in Sea Point has been at the center of a housing debate for over a decade. Housing activists challenged the proposed disposal of the land by the provincial government and the City, arguing that it perpetuated spatial apartheid and that the land should instead be used for centrally located social housing. The site was proposed to be sold to the Phyllis Jowell Jewish Day School for R135 million in 2015, under then-premier Helen Zille.
In response to questions about the reports, the City said it is in the process of finalizing its submission as per the court order. The Western Cape Government said it respects the Constitutional Court judgment in the Tafelberg matter and the obligations arising from the court order. The required report will be submitted to the High Court within the prescribed timeframe.
The Constitutional Court's findings stated that the City and the Western Cape Government must report on the steps they have taken to provide affordable and social housing within the Cape Town CBD and Sea Point. The court also ordered the parties to provide the Western Cape High Court with reports on their current policies and programmes relating to affordable housing in the CBD.
Housing activists Ndifuna Ukwazi and Reclaim the City challenged the decision against the City, the Western Cape Government, the premier, and the MEC for Transport and Public Works. Ndifuna Ukwazi again highlighted its position in a seven-page report, saying that social housing was possible but that funding could be an obstacle. The organization said a study found that 250 social housing units were possible, but they reduced the yield to 200.
Ndifuna Ukwazi continues to advocate for a higher yield and calls on the national government to urgently increase the social-housing budget, resolve the Social Housing Regulatory Authority's governance challenges, and address the issues facing social-housing institutions. The organization said that social housing, as the only spatially transformative housing programme, becomes the most important and will require much more of the national housing budget.
The matter relates to the proposed sale of the land, and the court has directed that the reports must include details of budgetary resources, and that the City and the province submit affidavits. The Constitutional Court set aside the Supreme Court of Appeal's order and replaced it with a new order, emphasizing the need for the authorities to assess their housing plans to address the spatial location of projects.
Key points
- The City of Cape Town and Western Cape Government must submit reports to the Western Cape High Court by October 2, 2026.
- The Constitutional Court declared the 2015 sale of the Tafelberg property unlawful due to a lack of consultation and public participation.
- Housing activists argue that the land should be used for centrally located social housing to address spatial apartheid.
