High court reserves judgment on Tafelberg site appeal

The old Tafelberg school in Sea Point. Picture: Yazeed Kamaldien/Independent Media

The old Tafelberg school in Sea Point. Picture: Yazeed Kamaldien/Independent Media

Published Mar 15, 2021


Cape Town – Judgment in the provincial government and City’s appeal against the Tafelberg sale has been reserved for later this year.

The Western Cape High Court on Friday heard arguments against a previous judgment that found the City and province had failed to comply with their constitutional and legislative obligations to address apartheid spatial planning in Cape Town, when, five years prior the site was sold to the Phyllis Jowell Jewish Day School for R135 million.

The Western Cape government announced in September that it planned to appeal the judgment.

The judgment also gave the City and province nine months to show how they would address the legacy of spatial inequality in central Cape Town.

Housing activist organisation Ndifuna Ukwazi’s director, Mandisa Shandu, yesterday said they had opposed the appeal for various reasons including that the judgment provided for a “radical departure from the past, towards urban and spatial justice particularly for the working class”.

“If we go back in time, it’s clear that land was used as a key driver by the apartheid government to establish and enforce racial and economic segregation.

“Our challenging the disposal of the Tafelberg site was to build a people’s power and make demands and claims on how land should be used to redress the spatial injustice.

“The judgment that was handed down provides an important lever towards realising that, ”Shandu said.

Acting premier Bonginkosi Madikizela’s spokesperson, Ntomboxolo Makoba-Somdaka, yesterday said: “The Western Cape government notes that the Western Cape High Court has reserved judgment. We look forward to hearing the outcome later this year.”

The City referred questions to the province.

Cape Times