The Western Cape Government has announced that it will be appealing the Tafelberg judgment that was delivered two weeks ago. Picture: Jeffrey Abrahams/African News Agency (ANA) Archives
The Western Cape Government has announced that it will be appealing the Tafelberg judgment that was delivered two weeks ago. Picture: Jeffrey Abrahams/African News Agency (ANA) Archives

Western Cape government to appeal Tafelberg site judgment

By Marvin Charles Time of article published Sep 18, 2020

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Cape Town – The Western Cape government has announced it will be appealing the Tafelberg site judgment that was delivered two weeks ago.

The provincial cabinet said it would be applying for leave to appeal at the Supreme Court of Appeal.

In a joint statement by Premier Alan Winde and Transport and Public Works MEC Bonginkosi Madikizela they have indicated the Phyllis Jowell Jewish Day School have indicated they do not intend to pursue their rights under the contract of sale any further.

The property has been returned to the provincial government.

“Its return to our portfolio will give us the opportunity to reconsider its future use in light of the priorities of this new administration, and I am grateful to the board of Phyllis Jowell Jewish Day School for informing us of their decision in this regard and which will allow its use to be considered afresh.

"On this point, I want to make clear that the Western Cape government is absolutely committed to achieving spatial redress,” the statement said.

The province said the decision by no means affected its commitment to continue and even ramp up their efforts to address the spatial inequalities of the past, by providing affordable, well-located housing across the province.

Housing activists have campaigned for the site to be used for affordable social housing. The high court found the City and the provincial government had 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 the regulations used to justify the sale were unconstitutional and invalid. The court issued an order stating the City and the provincial government were in breach of their constitutional obligations to advance access to affordable housing.

Province said the findings of the court in this regard impacted on the Western Cape government’s core functions going forward including:

  • the right of this executive to determine how and where its budget is allocated province-wide,
  • Province’s right to determine how to dispose of assets, in a transparent manner in order to raise funds for constrained service-delivery objectives,
  • Province’s right to operate within a participative democracy that is sufficiently flexible to enable us to do the job we have been mandated to do,
  • Province’s obligation to act independently of the City of Cape Town and the national government with regards to our own policies and assets and in accordance with the Constitutional framework,
  • Province’s right and obligation to determine the reasonable meaning and effect of legislation independently of any interpretations that may be applied by other organs of state; and
  • the extent of the obligations of this province to consult with other departments or organs of state in other spheres of government with regard to the use of province’s assets.

Cape Argus

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