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.

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. This, according to the SAHRC, is in contrast to the city's constitutional and statutory obligations to provide adequate housing.

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 adequately address the commission's concerns about housing rights, spatial justice, and the absence of enforceable housing conditions.

The SAHRC met with the executive mayor on February 20, 2026, during which the city indicated that the land could ultimately be used for housing development. However, 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 mayor reportedly stated that the city does not have the money to deliver affordable housing, but the private sector has the financial means to do so.

The SAHRC argues that without conditions attached to the sale, there is no contractual or property-specific means of requiring purchasers to develop or retain affordable housing. The commission therefore contends that the city's decisions are irrational and in conflict with its stated objectives. The SAHRC is seeking to have the court's declare the city's decisions unconstitutional, unlawful, irrational, or invalid, and to set them aside.

In addition to seeking an interim interdict, the SAHRC 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 SAHRC's application emphasizes 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 actions highlight the tension between the city's efforts to generate revenue and its obligations to provide adequate housing and promote social inclusion.

Key points

• The SAHRC is seeking to halt the City of Cape Town's plans to auction 49 municipal properties to private buyers.
• The commission argues that the city's decisions are irrational and in conflict with its stated objectives.
• The application is set down for hearing on December 15, 2026.