Western Cape government wins appeal in Tafelberg social housing case

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Western Cape Government,Appeal,Supreme Court Of Appeal

The Western Cape government has won an appeal in the Supreme Court of Appeal to dismiss parts of a court order over the sale of Tafelberg, a prime site in Sea Point that activists want to be used for social housing.

Reclaim the City protester have made repeated demands that the Tafelberg property in Sea Point be used for social housing.

This means the initial court order — which saw the sale of the property being deemed unlawful — has been set aside. On 31 August 2020, the Western Cape gave a landmark ruling: the sale of the 1.7-hectare site in Sea Point was set aside. In addition, the court issued a declaratory order that the Western Cape government and the City of Cape Town failed constitutionally to provide access to affordable housing to people who qualified. The courts also ruled that the province and the City of Cape Town must draw up a combined policy, which would address this.

Dambuza went further: “All this while government is able to execute its responsibilities in relation to the land efficiently, transparently, and cost-effectively”. It was on this basis that the province’s appeal was upheld.The Tafelberg property, owned by the provincial government is situated in Sea Point. According to GroundUp, the site consists of an old school building and a block of flats.

 

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