Human rights organisation Ndifuna Ukwazi believes the fate of the Tafelberg site could pave the way for a more equitable future for Cape Town's poor and working-class communities.

The highly anticipated case currently before the Constitutional Court, earlier this week reserved its judgement.

The case revolves around the obligations of the Western Cape Government and the City of Cape Town to redress the lingering legacy of spatial apartheid, which was adopted during the Apartheid regime, to marginalise African, Coloured, and Indian communities by keeping them at the city’s peripheries, far from economic opportunities and essential services.

The issue at hand is whether the Province’s claim that it is too costly to build affordable housing in well-located central Cape Town is justified.

Ndifuna Ukwazi’s Executive Director, Mpho Raboeane, expressed hope for a favourable outcome, emphasising the profound consequences of the case.

"If the Tafelberg case is unsuccessful in the Constitutional Court, it will be a devastating loss for the thousands of Capetonians who remain locked out of well-located areas.

“They are forced to live on the outskirts of the city, far from jobs, schools, and opportunities," Raboeane said.

She further explained what the term affordable housing means:

“Affordable housing is an umbrella term for a range of housing subsidies however for us, the underlying philosophy that we call for is housing which people can afford which matches their income.

“76% of households in Cape Town earn under R22,000 a month and yet only 34% of the housing stock caters to them.

“In our context, the bulk of people in need of housing have a median household income of R4500, meaning affordable housing opportunities must be at the lower end of the scale.

“We need accessible housing.”

Raboeane added that while they recognised the demand for other social services like schools and clinics, they are reminded that neither the City of Cape Town, nor the Western Cape Government has built a single affordable housing unit in the inner city of Cape Town since 1994.

“These are the inequalities that must be addressed, not only in terms of quantity, but in location, in terms of proximity to things like jobs, healthcare and education.”

She further warned that a loss in this case would signal the potential privatization of valuable public land, continuing a history of dispossession that began under colonialism and apartheid, and now threatens to persist under the guise of “market forces.”

Despite the challenges, Raboeane reaffirmed that a ruling against the case would not extinguish the moral and constitutional imperative to fight for spatial justice.

"This fight is bigger than Tafelberg. It is about the right of every Capetonian, and South African, to live with dignity in a city that does not shut its doors on the poor. We will not stop until that future is realised."

The Western Cape Government, in a statement following the hearing, noted that the Constitutional Court had reserved judgment on the Tafelberg matter.

MEC of Infrastructure Tertius Simmers reiterated the government’s commitment to providing affordable housing in well-located areas, contingent upon the availability and suitability of land.

"The Western Cape Government remains committed to using its immovable assets to facilitate the provision of affordable housing opportunities, where feasible, in well-located areas," said Simmers.

"Earlier this year, we announced the proposed plan for affordable housing and social services on the Tafelberg site, and we remain steadfast in this commitment."

Simmers provided more details on the government's plans for the Tafelberg site, which include using part of the land for affordable housing while preserving the site's heritage.

“The entire site is designated as a heritage site, and the school building has been designated as a provincial heritage building which limits its potential uses (e.g., not suitable for residential conversion). Heritage constraints will also apply to significant site features such as trees and the perimeter wall.”

Simmers said teams have already initiated a process for public participation, which includes engaging with interested and affected parties (I&APs) and soliciting feedback on the proposed development.

He also highlighted challenges that could slow the pace of housing development, including unlawful land occupations.

"It is worrisome that many sites earmarked for housing development in Cape Town are unlawfully occupied," he said, stressing that lawful beneficiaries should be the priority.

Regardless of the outcome, Raboeane and other advocates for spatial justice insist that the struggle is far from over. "We will continue pressing forward to make equitable access to land a reality.

“We will not stop until Cape Town becomes a city where all its people, regardless of race or class, can live with dignity and access the opportunities they deserve,” she concluded.

tracy-lynn.ruiters@inl.co.za

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