Western Cape accepts court ruling on sale of Tafelberg School site in Sea Point

The Western Cape government says it respects the Constitutional Court’s landmark ruling declaring the sale of the former Tafelberg School site in Sea Point unlawful, describing the judgment as an opportunity to strengthen affordable housing delivery rather than simply the end of a lengthy legal battle.

Western Cape infrastructure MEC Tertuis Simmers said the ruling reinforced a principle that had informed the province’s approach to human settlements for years: where housing is built matters.

“The Constitutional Court’s judgment should not simply be viewed as the conclusion of litigation. It should serve as a catalyst for strengthening affordable housing delivery across South Africa,” Simmers said.

He said affordable housing was not only about increasing the number of housing opportunities but about creating integrated communities with access to jobs, public transport, schools, healthcare and other essential services.

“For this reason, we have progressively advanced a development model that prioritises well-located, mixed-use and mixed-income developments on strategically located public land,” he said.

The unanimous judgment, delivered by Justice Nonkosi Mhlantla, declared the Western Cape government’s disposal of the former Tafelberg School site unlawful, finding that the province had incorrectly declared the property surplus to its needs and failed to meet its constitutional obligations to address apartheid-era spatial inequality through well-located affordable housing.

The court also ruled that the province failed to conduct a meaningful public participation process before approving the sale. It ordered the Western Cape government to submit a sworn report to the Western Cape High Court within three months outlining its affordable housing plans and detailing the number of affordable housing units delivered in Cape Town’s inner city and surrounding areas since the Tafelberg litigation began in 2017.

The dispute dates back to 2015, when the provincial government declared the Sea Point property surplus to its requirements and resolved to sell it to help fund a shortfall in the construction of a department of education office park. Following a public tender process, the former remedial school site was sold to the Phyllis Jowell Jewish Day School for R135m.

The sale was challenged by the Ndifuna Ukwazi Trust and the Social Justice Coalition, which argued that the province had failed to comply with legal requirements governing the disposal of public land and had ignored the site’s potential for affordable housing in one of Cape Town’s best-located suburbs.

In its judgment, the Constitutional Court said the location of housing must be treated as a key consideration in determining whether government is taking reasonable measures to realise the constitutional right to adequate housing and equitable access to land. It held that both the Western Cape government and the City of Cape Town were constitutionally obliged to consider affordable housing in well-located areas such as Sea Point as part of efforts to redress apartheid spatial planning.

Responding to the ruling, ActionSA spokesperson Stephan Gerber said the judgment was a “damning indictment” of both the provincial government and the City of Cape Town.

“The judgment confirms what thousands of Capetonians already know: despite years of promises, the DA has failed to deliver well-located, affordable housing where it is needed most,” Gerber said.

GOOD secretary-general Brett Herron said the ruling dismantled what he described as a central pillar of the Democratic Alliance’s approach to public land, arguing that the court had made it clear that the high value of public property could not justify failing to meet government’s constitutional obligations to address spatial inequality.

Simmers said the province would comply with the court’s order.

“We respect the judgment of the court and will carefully consider its implications. As the Western Cape government, we remain committed to giving effect to the court’s orders and will engage constructively with all relevant stakeholders to comply within the prescribed timeframes,” he said.