Last month the City announced it is proposing a number of critical amendments to its by-law as part of its annual review process.
Attorney at the Ndifuna Ukwazi law centre Johnathan Cogger said: “One way that the current by-law does exclude the poor is the current Land Use Scheme (which is part of the by-law) which is inconsistent with section 24 (d) of SPLUMA (Spatial Planning, Land Use and Management Act), which states that the Land Use Scheme must ‘include provisions to promote the inclusion of affordable housing in residential land development’.
“This mandates the City of Cape Town to ask a private developer to develop a portion of inclusionary housing units in a development. The City of Cape Town's proposed amendments have not included this amendment, which means that it is unlawful.”
He said if the amendments do not include measures that address inclusionary housing, it is vulnerable to a court challenge.