Five key findings from the Constitutional Court's Tafelberg judgment

Grant

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After nearly a decade of litigation, the Constitutional Court has delivered a landmark ruling in one of South Africa’s most significant land justice cases, finding that both the Western Cape provincial government and the City of Cape Town failed in their constitutional duty to address apartheid’s spatial legacy by providing affordable housing in well-located parts of the city.

In a unanimous judgment handed down on Thursday, the apex court declared the 2015 sale of the Tafelberg property in Sea Point unlawful, overturned the Supreme Court of Appeal’s 2024 ruling in favour of the province and the City, and ordered both spheres of government to report back to the High Court on concrete measures they will take to deliver affordable housing in Cape Town’s central business district and Sea Point.

The case centres on two adjoining erven in Sea Point owned by the Western Cape government. The Constitutional Court described the site as being located in “a well-located seaside suburb in Cape Town, close to education and health facilities, transport nodes and social amenities.”
The property previously accommodated a remedial school and rental housing units before the final tenant was evicted in May 2014. It has remained vacant ever since.
 
good luck in finding a developer willing to plunge fortunes into "social housing" in an affluent area.

Or any potential worker residents in that affluent area being able to afford that "social housing"
 
City of Cape Town failed in their constitutional duty to address apartheid’s spatial legacy by providing affordable housing in well-located parts of the city.
Yes that's all good & well but such things need a growing & functioning economy so that these people can find work and maintain these houses and actually live normal lives there. Instead we've got a government who've done a stellar job at raising unemployment, causing industries to shut down, broken most of the public transport system and just generally ****ed up the economy but these people think some houses in affluent areas are going to do anything?

Crazy that apartheids legacy needs to be addressed while the ANC continue to plunder and make life worse for millions.
 
Yes that's all good & well but such things need a growing & functioning economy so that these people can find work and maintain these houses and actually live normal lives there. Instead we've got a government who've done a stellar job at raising unemployment, causing industries to shut down, broken most of the public transport system and just generally ****ed up the economy but these people think some houses in affluent areas are going to do anything?
I'm under the impression the COCT is trying to tax the middle and upper class and spending it on infrastructure and services for the poor.

As much as I loathe them, these journos are spinning stories like crazy.
 
At least the courts are now affirming what has been said all along, the DA is party finds the low income and poor people inconvenient and annoying.
 
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At least the courts are now affirming what has been said all along, the DA is party finds the low income and poor people inconvenient and annoying.
LMAO. Right on time.

They should learn from the ANC and fleece everyone equally.
 
Yes that's all good & well but such things need a growing & functioning economy so that these people can find work and maintain these houses and actually live normal lives there.

To the contrary, the recent court judgement that struck down the levy CoCT was trying to force down people's throats means even working would never save you when the city is going out of its way to make sure you can't stay there.
 
Next they should ensure that restaurants in the area serve affordable meals to address the inflation caused by apartheids spatial legacy.
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KFC South Africa has launched a new “ultra-modern” outlet in Cape Town featuring the latest in restaurant technology.

 
This is all good and well but whats to stop the recipients of the "affordable" housing from just selling the property in the near future at going rate. The market determines value not some other arbitrary determination.

Many Jewish people are kicking up a huge fuss, some are trotting out the anti-semitic claims, they bought this huge property for the bargain price of R135 million and now it’s all slipping away, it must be worth an absolute fortune now. That being said R135 million is a lot of money to just be sitting in limbo for 12yrs, if the sale is finally nullified will they get their money returned with 12yrs of interest?
 
What does a streetwise 2 cost there?
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