The SCA confirmed that the Tafelberg sale, which was later cancelled by the Phyllis Jowell Jewish Day School, was lawful.
"The real questions are whether the province and the City had an obligation to provide social housing at a specified location - central Cape Town, and whether they failed to meet this obligation. As apparent from the roles and responsibilities, and functions of the provincial and local governments set out above, there is no such obligation," Judge Nambitha Dambuza wrote on behalf of a full Bench.
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