Cape Town - With a Constitutional Court ruling pending on the decision to sell prime provincial land to a private school in Sea Point, another petition has landed at Premier Alan Winde’s door, seeking his intervention to use the land for social housing.
Reclaim the City and Ndifuna Ukwazi (NU), argued via court papers, that despite three decades after the end of apartheid, spatial segregation and socio-economic exclusion remained obstinate barriers to equality and justice in Cape Town.
The Cape Argus has been given insight to their appeal application concerning the 1.7 hectare Tafelberg site before the apex court, just as the housing rights activists started the petition titled “Petition to Premier Alan Winde: Release Tafelberg for Social Housing now.”
First circulated two weeks ago, the petition has gained over 60 signatures and calls on the housing site in Tafelberg Road to be handed over for social and affordable housing, especially for domestic workers who work in the area.
Nick Budlender, Ndifuna Ukwazi researcher, said in the petition: “We had 350 years of very direct, intentional state action to build a housing system that benefits the white minority at the expense of the black and coloured majority, and we’re going to need similarly intense and direct state intervention if we’re ever going to overcome that.
“We demand that Premier Alan Winde must release the Tafelberg (site) to the City of Cape Town to develop the site into much needed social housing units.
“Since the dawn of democracy, not a single affordable housing unit has been built in the inner city of Cape Town, highlighting a total lack of political will within the city and province.”
In response to the petition, Winde’s spokesperson, Regan Thaw, said the matter was still before court with a finding yet to be made.
Earlier this year, the Supreme Court of Appeal (SCA) upheld an appeal by the Western Cape Government (WCG) and the City of Cape Town, and set aside two previous court orders in which Reclaim the City and Ndifuna Ukwazi called for the sale to be declared as unlawful.
In the SCA’s decision, it found the provincial government and the City had acted lawfully in wanting to sell the land for R135 million to the Phyllis Jowell Jewish Day School.
The ruling also indicated that the parties were not obligated to provide social housing on the site.
“The Supreme Court of Appeal had confirmed that the processes followed by the WCG were lawful and correct,” said Thaw further in response to the petition.
“We remain committed to achieving dignified spatial redress. Constructive engagement is in the best interest of all of us.
“NU took this matter to the Constitutional Court. We are eagerly awaiting the outcome.”
According to the court papers, which were filed in May, the respondents are the ministers of Transport, Public Works, Human Settlements, the premier, Western Cape Government and the City.
The appeal application, which is 556 pages, states Reclaim the City and Ndifuna Ukwazi, under the names of Thokzama Adonisi, Phumza Ntutela, who is deceased, Sharone Daniels and Selina La Hane, are seeking to appeal the decision by the SCA made on April 12, 2024.
They are further seeking costs of the application and have supplied an affidavit from Disha Govender, head of the Ndifuna Ukwazi Law Centre.
Govender said they raised issues including the proper approach to socio-economic rights, whether the City and the province had failed to take adequate steps to address spatial apartheid in central Cape Town, the notice of declaring zones under the Social Housing Act, and whether Sea Point falls within a restructuring zone.
“We can confirm that in terms of the most recent directions from the Constitutional Court, the applicants’ written argument is due on 14 October 2024 and respondents’ written argument is due on 21 October 2024 where after we will receive further directions from the Constitutional Court,” said Govender.
Via the court application, the group states they are disputing the decision made by the SCA and seeking leave to appeal.
They argue that during the Group Areas Act of 1950, it sought to limit African occupation in urban areas and said three decades after the end of apartheid, spatial segregation and socio-economic exclusion remained barriers to equality and justice in Cape Town.
The Cape Argus approached the City, ministers of Infrastructure and Transport for comment.