SAHRC seeks court intervention to halt Cape Town land sales

The South African Human Rights Commission (SAHRC) has approached the Western Cape High Court in an attempt to stop the City of Cape Town from transferring 49 municipal properties to private buyers. The commission argues that these properties are public land resources that could be used to advance access to adequate housing, social inclusion, and spatial justice. The SAHRC is seeking an interim interdict to preserve the status quo while it pursues a review of the city's decisions. This move aims to prevent the city from taking further steps to implement the disposal of the properties.

The SAHRC contends that the City of Cape Town failed to properly consider its constitutional and statutory obligations relating to housing. The commission claims that the city treated the properties primarily as disposable commercial assets without proper regard to their potential role in meeting pressing housing needs. According to the affidavit, the city's response to the commission's concerns did not adequately address issues regarding housing rights, spatial justice, and the absence of enforceable housing conditions. This led the commission to seek court intervention to ensure that the city's actions align with its constitutional and statutory obligations.

The commission became aware in January 2026 that the city planned to auction 49 municipal properties. It subsequently wrote to the city requesting information on the land parcels, the legal basis for the auction, housing impact assessments, and public participation processes. However, the city's response did not alleviate the commission's concerns, prompting it to meet with the executive mayor on February 20, 2026. During the meeting, the city indicated that the land could ultimately be used for housing development, but the commission says the mayor confirmed that no formal conditions of sale would be attached to the auction requiring buyers to develop affordable or social housing.

The SAHRC argues that municipally owned land is not merely a financial asset to be lightly disposed of, but a crucial public resource through which a municipality may give effect to its constitutional and statutory obligations. The commission's affidavit states that without conditions attached to the sale, there is no contractual or property-specific means of requiring purchasers to develop or retain affordable housing. This, the commission claims, creates a disconnect between the city's stated objective and the legal means adopted to achieve it.

The SAHRC is seeking an interim interdict to preserve the status quo while it pursues a review of the city's decisions. In Part B of its application, the commission wants the court to declare the city's decisions unconstitutional, unlawful, irrational, or invalid, and to set them aside. It also wants the matter referred back to the city for reconsideration in line with the constitution, the Municipal Finance Management Act, the Housing Act, the Social Housing Act, and spatial planning legislation.

The application is set down for hearing on December 15, 2026, unless the respondents indicate that they intend to oppose it. The commission's actions aim to ensure that the city's decisions regarding the disposal of municipal properties are aligned with its constitutional and statutory obligations, particularly with regard to housing and spatial justice. The outcome of this case could have significant implications for the city's approach to land use and housing development.

The SAHRC's efforts to halt the land sales reflect its commitment to protecting human rights, particularly the right to adequate housing. The commission's intervention highlights the need for municipalities to balance financial considerations with their obligations to provide services and infrastructure that promote social inclusion and spatial justice. As the case progresses, it will be important to monitor the city's response and the court's decision, which could set a precedent for similar cases in the future.

Key points

• The SAHRC argues that municipally owned land should not be treated as a mere financial asset, but as a crucial public resource for advancing housing and social inclusion.
• The commission contends that the City of Cape Town failed to properly consider its constitutional and statutory obligations relating to housing.
• The application is set down for hearing on December 15, 2026, unless the respondents indicate that they intend to oppose it.