Tafelberg case still pending at ConCourt as activists push for social housing on prime Sea Point land

It has been more than a year since the Constitutional Court heard arguments over the future of the Tafelberg site in Sea Point, and judgment is still reserved.

The case centres on whether the state is obliged to use well-located public land to address apartheid-era spatial inequality, and whether the site should be used for social housing.

Housing activists say the delay has real consequences for workers who can no longer afford to live near their jobs.

“This is a judgment that the domestic workers of Sea Point, the security guards of Sea Point, are waiting for,” said Ndifuna Ukwazi’s head of organising and campaigns, Buhle Booi.

“They want a place to call home, and the Tafelberg site is a site they’re waiting to build their homes on.”

Mixed-use plan welcomed, but legal clarity still needed

The Western Cape government initially planned to sell the publicly owned property.

After the court hearing, it indicated the site would instead be used for mixed-use development that includes affordable and social housing.

Booi said this shift was politically significant but did not remove the need for a Constitutional Court ruling.

“We regard that as a victory for the people,” he said. “But this doesn’t mean that the legal interpretation to guide us moving forward should be ignored.”

He said activists want the court to clarify the state’s legal duties to address spatial inequality, as well as rules governing public participation and how public land should be used.

Activists argue the state has a duty to address spatial apartheid

At the heart of the case is whether the government is legally required to use centrally located land to help undo apartheid-era planning patterns.

Booi argued the state cannot avoid that responsibility.

“The state has obligations to redress spatial apartheid,” he said, adding that public land should be used for its ‘social value’ rather than simply sold off.

Debate widens as city considers selling other sites

The issue comes as the City of Cape Town considers auctioning several public properties, including sites in the CBD, for redevelopment that could include housing.

Activists warn that selling off public land risks worsening the housing crisis if affordability is not guaranteed.

They argue that well-located public land is one of the few tools available to make the inner city more accessible to lower-income residents.

For now, the Constitutional Court’s long-awaited judgment is expected to determine how such decisions are made in future, and whether the Tafelberg site becomes a turning point in Cape Town’s housing debate.

For more information, listen to Booi using the audio player below: