R135m sale of Tafelberg site set aside by Western Cape High Court
Cape Town - The sale of the old Tafelberg School site in Sea Point has been reviewed and set aside.
The judgment was delivered in the Western Cape High Court on Monday morning.
Judge Patrick Gamble and Judge Monde Samela found that both the Western Cape Government and City of Cape Town failed to comply with their constitutional and legislative obligations to address apartheid spatial planning in Cape Town.
Gamble ruled that the sale be set aside and reviewed.
The ruling comes five years after the sale of the Tafelberg site to the Phyllis Jowell Jewish Day School for R135 million, which had housing activists fumed.
Housing activists group Reclaim the City and activist organisation and law centre Ndifuna Ukwazi have waged a sustained campaign to reverse the sale of the land, saying it could instead be used for affordable housing.
The decision to sell the site was made despite the provincial department of human settlements promising the land would be used for housing.
Pressure on the DA-led administration began mounting after activists started a petition for the land to be developed into affordable housing for the hundreds of workers who can’t afford to live close to their workplaces.
In November 2016, the provincial executive commissioned a feasibility study for social housing on Tafelberg. It found that 270 units of social housing could be built.