Murray Swart and Tara Isaacs|Published
Hours after angry demonstrators chanted “Hands off our land” outside the Western Cape High Court, a coalition of civil society organisations opposing the City of Cape Town’s planned auction of 50 parcels of public land faced a setback as their urgent application to halt it was dismissed.
The South African Human Rights Commission (SAHRC) urged the City to postpone the sale, citing serious human rights concerns.
Scheduled to take place on Thursday, the auction includes several prominent sites, with the historic Good Hope Centre among those set to go under the hammer.
On Tuesday night, James Vos, Mayco Member for Economic Growth, said the City has welcomed the High Court’s dismissal of attempts to block the release of 50 City-owned properties for private sector investment, including the iconic Good Hope Centre.
“We welcome the High Court’s dismissal of several applications which aimed to block land release that will unlock economic and social value for Capetonians,” said Vos.
“We’ve said from the start that our land release process is lawful and transparent, and we are glad that the court has seen through these meritless applications. A total of four have now either been struck off the roll or dismissed with costs.
“The demands from those opposing the auction included baseless claims that unspecified land belongs to specific groupings. One group even asked that, in the event the land is released, a portion of the proceeds be paid into their bank account.”
Protesters had gathered at the Good Hope Centre itself, one of the primary properties earmarked for sale, expressing upset and concern over what they described as the loss of public assets.
Protester Velma Scheepers said: “We are the owners of this country, we are the first nation.”
Eloise Rossouw, spokesperson for the Khoi and San community, said she supported the demonstration and was frustrated that the auction had been announced without public participation.
The City has confirmed that the properties are zoned for residential, commercial, industrial, and mixed-use purposes. The list includes the Good Hope Centre precinct, land parcels in Mitchell’s Plain, and sites in Atlantis, Parow, and Goodwood.
Lawyers representing a collective of land activists filed an urgent court application in a bid to halt the proceedings and prevent the City from moving forward with the sale.
The SAHRC also formally called for a voluntary postponement to allow for further engagement.
In a media statement on Monday, the SAHRC said it met with Mayor Geordin Hill-Lewis on February 20 and subsequently addressed correspondence to the City proposing a temporary delay “in the interest of cooperative governance and constitutional compliance”.
The SAHRC said it was actively monitoring the planned auction of municipal land parcels and had received concerns from various interest groups and social movements about the potential human rights implications of permanently alienating public land.
The SAHRC also questioned the City’s reliance on public participation processes and in-principle approvals dating back to 2019, 2021 and 2022, which it said may no longer be temporally relevant in a post-pandemic socio-economic environment.
During the February 20 meeting, the Mayor indicated that portions of the land were intended for social or affordable housing initiatives. However, the SAHRC said it was confirmed that no enforceable conditions of sale would be attached to the auction to secure such outcomes.
The SAHRC has requested a written response from the Mayor by the close of business on February 24 and indicated that, should the City proceed without further meaningful engagement, it would take “all necessary steps” to discharge its constitutional mandate.
GOOD Party City of Cape Town councillor Axolile Notywala said they opposed the auction: “The City’s decision to sell these assets to the highest bidder, rather than utilising them for the public good, is a short-sighted financial move that permanently strips Cape Town of the tools needed to dismantle the legacy of spatial apartheid.”
Freedom Front Plus provincial deputy chair Grant Marais added: “The City of Cape Town intends selling off large portions of public property in the midst of the unresolved housing crisis and pending restitution claims of the First Nation citizens,” Marais wrote.
The City maintains that the Land Claims Commission confirmed that none of the properties are subject to pending land claims.
Cape Argus
Murray Swart,Tara Isaacs
iol.co.za
