A decision on the Tafelberg site has yet to be made

A decision on the Tafelberg site has yet to be made, following a court judgement two weeks ago overturning its sale to the Phyllis Jowell Jewish Day School. Picture: Armand Hough/African News Agency(ANA)

A decision on the Tafelberg site has yet to be made, following a court judgement two weeks ago overturning its sale to the Phyllis Jowell Jewish Day School. Picture: Armand Hough/African News Agency(ANA)

Published Sep 16, 2020

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Cape Town - A decision on the Tafelberg site has yet to be made, following a court judgement two weeks ago overturning its sale to the Phyllis Jowell Jewish Day School.

Premier Alan Winde’s spokesperson Bianca Capazorio said: “Cabinet has not yet taken a decision on the Tafelberg matter. The 200-page judgment handed down by the Western Cape High Court is complex and includes a number of different orders that span a variety of important constitutional and governance issues.

“Our legal team is currently considering all these orders, and their impact on the Western Cape government, to determine the way forward.

“We will communicate any cabinet decisions once they have been formally taken.”

Housing activists have campaigned for the site to be used for affordable social housing. The high court found that both the City and the provincial government failed in their constitutional mandate to address apartheid spatial planning by selling the site to the Phyllis Jowell Jewish Day School for R135 million.

Judges Patrick Gamble and Monde Samela ruled that the regulations used to justify the sale were unconstitutional and invalid. The court issued an order stating that the City and the provincial government were in breach of their constitutional obligations to advance access to affordable housing.

“The Western Cape government is committed to addressing the need for affordable housing and redressing the spatial legacy of apartheid. The Western Cape government is developing mixed-income, dignified housing options close to economic and educational opportunities,” said Capazorio.

Cape Argus