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South Africa: Huge Court Victory in Battle for Affordable Housing in Cape Town

The ruling requires the city and province to file housing plans and says paper plans do not meet constitutional duties, the court found.

  • On Thursday, July 2, the Constitutional Court unanimously ruled that the Western Cape government and City of Cape Town failed their constitutional obligations, declaring the province's 2015 sale of the Tafelberg site in Sea Point to a private school unlawful.
  • Led by Ndifuna Ukwazi and Reclaim the City, housing activists initiated decade-long litigation challenging the exclusion of lower-income residents from amenity-rich areas. Justice Nonkosi Mhlantla found this exclusion constituted "spatial apartheid."
  • The Constitutional Court ordered the Province and City to submit detailed reports to the High Court within three months. Justice Mhlantla stated, "Paper plans do not amount to constitutional compliance."
  • Activist Sheila Madikane hailed the ruling, confirming the Tafelberg site will be utilized for social housing rather than the private school sale originally planned.
  • The judgment establishes precedent for national housing policy, mandating that government prioritize location in planning. Justice Mhlantla found location "integral to the reasonableness inquiry" for adequate housing across South Africa.
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News24 broke the news in South Africa on Thursday, July 2, 2026.
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