Cape Town - Reclaim the City is marching back to court on Monday to have the controversial Tafelberg property case heard.
Reclaim the City, along with legal centre Ndifuna Ukwazi, are challenging the decision by the Western Cape provincial government to sell the well-located Tafelberg property to a private buyer, the Phyllis Jowell Jewish Day School, in the face of a housing affordability crisis in the country.
According to Reclaim the City, the Tafelberg site in Sea Point could provide a prime opportunity to redress spatial apartheid through the provision of well-located land for social housing.
Director of Ndifuna Ukwazi Mandisa Shadu said: “Reclaim the City and Ndifuna Ukwazi argue that province (and the City) failed to give effect to their duties in terms of the Constitution, the Housing Act, the Social Housing Act and The Spatial Planning and Land Use Management Act by failing to address spatial apartheid in Cape Town.
“We want the court to order that the province (and the City) failed to comply with their obligations, instruct them to comply with their obligations, and produce a report for the court outlining what steps they will take to give effect to their obligations.”
The Tafelberg school site is a highly contested site. In 2017, the provincial Department of Public Works said it intended to sell the property to the Phyllis Jowell Jewish Day School for R135million. Reclaim the City and Ndifuna Ukwazi brought a review application to the Western Cape High Court. The Department of Human Settlements, with Ndifuna Ukwazi, launched this court action to have the sale reviewed.
Ndifuna Ukwazi and the Department of Human Settlement’s application to have the sale reviewed has been set down to be heard on today.
Former mayoral committee member for transport and urban development, Brett Herron, now a member of the Good party, launched an application to be admitted as a friend of the court.
Herron said he had in-depth knowledge of the manner in which the city dealt with the portfolio of affordable housing within the City of Cape Town.
He said he was well placed to assist the court with a decision in which the public interest and constitutional issues were at stake. Herron said the City failed to implement constitutional provisions to facilitate land distribution. He said Tafelberg was the DA’s shame: “I attempted to join the case as a friend of the court to assist the court on questions relating to the City’s role and promise.
“The City manager claimed the City was committed to spatial integration and pointed to the City’s restructuring and some of the projects I initiated as evidence of this. Yet the restructuring was undone by mayor Dan Plato immediately after being elected. He went on to cancel the inner-city projects being planned. The City, province and purchaser, Phyllis Jowell School, opposed my request.
“I find it astounding. My affidavit wouldn’t have delayed the case and would have provided important
evidence that may never get before the court now,” Herron said.
@MarvinCharles17