LANDMARK CONSTITUTIONAL COURT VICTORY FOR SPATIAL HOUSING JUSTICE

TAFELBERG JUDGMENT A TURNING POINT FOR SPATIAL EQUALITY #RECLAIM THE CITY

In brief:

Today, the Constitutional Court ruled that the Western Cape Government and City of Cape Town breached their duty to provide affordable housing in central Cape Town. The Court declared the 2015 sale of the Tafelberg site unlawful and rejected “peripheral housing” policies that reproduce apartheid-era spatial inequality. It found that building only on the city’s outskirts creates poverty traps far from jobs and opportunities. The Province and City must now submit concrete plans within three months. “Public land must not be viewed as a commodity,” said Buhle Booi of Ndifuna Ukwazi. This landmark victory for working-class communities must now be implemented without delay.

Full Press Statement

FOR IMMEDIATE RELEASE: 2 July 2026

Today, the Constitutional Court delivered a powerful and historic judgment in the Tafelberg case, affirming that the state has a legal duty to redress spatial apartheid and use well-located public land for affordable housing. 

In a unanimous ruling, handed down in the matter of Adonisi and Others v Minister for Transport and Public Works, Western Cape and Others, is significant victory for the poor and working-class communities of Cape Town and a profound step forward for spatial justice in South Africa.

After a decade-long legal battle, the apex court has ruled that the Western Cape Government and the City of Cape Town have failed to comply with their constitutional obligations to provide affordable housing in central Cape Town and to dismantle the enduring legacy of apartheid spatial planning.

Key Outcomes of the Judgment:

• The Court found that both the Province and the City are in breach of Sections 25(5) and 26 of the Constitution. It declared that housing location is a “relevant factor” in determining adequacy and that reasonable measures must include the provision of affordable housing in the Cape Town CBD and surrounding areas like Sea Point.
• The Court ruled that the 2015 decision to sell the Tafelberg site was unlawful. It also declared that the Province failed to engage the public meaningfully in the disposal process, and that the relevant regulations under the Western Cape Land Administration Act (WCLAA) are unconstitutional for allowing public participation only after a sale contract has been concluded.
• The Court further found that the Province breached its duties of co-operative governance by failing to consult the National Minister of Human Settlements before the sale.
• The Province and the City are now required to submit comprehensive reports to the High Court within three months, detailing their plans, budgets, and timelines for developing affordable housing in the central city to remedy this failure.

The Court’s Condemnation of “Peripheral Housing” Policies

In its judgment, the Court strongly rejected the government’s argument that it is acceptable to build housing only on the urban periphery. The Court explicitly found that this approach reproduces the spatial inequality of the past.

• “[149] Cape Town’s post-apartheid housing policy appears to have prioritised the provision of State-subsidised housing through the development of large-scale housing projects in peripheral areas where land usually costs significantly less than in areas close to economic nodes. It has also reproduced spatial inequality and social exclusion by creating poverty traps on the city’s outskirts, far from economic opportunities and social amenities.”

The Court further emphasized that such a system fails the constitutional test of reasonableness, stating:

• “[115] A housing system that only considers providing social and affordable housing on the periphery of urban centres falls short of the obligation to progressively realise the right to adequate housing. Such a system of peripheral housing would deny people meaningful access to the city, leaving them with limited and inadequate options.”

Ultimately, the Court concluded that the government’s policies and inaction are a constitutional breach:

• “[169] In the result, both the City and the Province have failed to comply with their obligation to realise the right to have access to adequate housing, which includes, amongst others, suitably located and affordable housing. In the premises, both have failed to comply with their obligations to implement and complete affordable housing projects in the CBD, or otherwise near economic nodes.”

Quotes:

Thozama Angela Adonisi, the first applicant, expressed her joy at the outcome:

• “I am so excited, happy. After 10 years, we had this good news. I am very proud of NU. I am very proud of RTC. I am so excited about Tafelberg results.”

Nkosikhona Swartbooi, a former Reclaim the City Leader, spoke on the symbolic weight of the victory:

• “This victory for me reminded me of an analogy of Isi Vivana. It is the coming together of all the contributions that we’ve all contributed to in ensuring that we fight for a more just and equal society, a city that’s less divided, but a city that is united, where houses are built to bridge the divides in our society.”

Sheila Madikane, a resident of Ahmed Kathrada House (formerly Helen Bowden Nurses’ Home) and a founding leader of Reclaim the City, reflected on the personal impact:

• “I wish that each and every land can come like this. Today, as Reclaim the City, we did show our government in South Africa that this is what people need and this is what people are supposed to get. We are still going to carry on to fight for land and to fight for justice so that people have also a safe home and have their own rights where they can stay proper.”

Disha Govender, former Head of the Ndifuna Ukwazi Law Centre and co-lead attorney on the matter, highlighted the judgment’s broader significance:

• “There are simply no words to express the joy, absolute joy, at the moment. The judgment does not only usher in change for the city and the province, but the court’s findings that talk about how land is to be used, managed, and disposed of, and how people must be involved in the decision-making will mean change for this country.”

Buhle Booi, Head of Political Organising and Campaigns at Ndifuna Ukwazi, underscored the judgment as a victory for the working class and a rebuke to government’s approach to public land:

• “Today, as an organization, and Reclaim the City, I’m happy that the judgment, the long-awaited judgment of Tafelberg is out. We’re happy because the judgment vindicates us as a movement and the organization that we’ve been saying for a very long time that the Western Cape Government and the municipality have an obligation to redress spatial apartheid. This is a victory for the domestic workers of Sea Point. This is a victory for the working-class people of the city and the working-class people across the country. This is a landmark judgment that will tell governments across the country and municipalities that public land is not something to be sold. It should not be viewed as a mere commodity. It must first be prioritised for its social value. It must be used to address inequalities and the harsh realities of our past.”

Media Contact

Yusrah Bardien –  yusrah@nu.org.za

Zacharia Mashele  – zacharia@nu.org.za