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.
15 Articles
15 Articles
The truth of spatial apartheid — ConCourt delivers a history lesson to DA
A landmark Constitutional Court ruling confirms that Cape Town’s government perpetuates spatial apartheid, urging immediate action or equitable housing distribution in the city.
BREAKING| ConCourt declares Tafelberg sale unlawful in landmark housing ruling
The Constitutional Court's recent ruling against the Tafelberg property sale marks a pivotal moment for housing justice in Cape Town. How will this decision reshape the future of affordable housing in the city?
ConCourt declares sale of Tafelberg site in Cape Town unlawful
The Constitutional Court has ruled that the Western Cape government and the City of Cape Town failed to meet their constitutional obligations to address apartheid-era spatial inequality, and has declared the province’s sale of its Tafelberg site in Sea Point as unlawful.

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