Cape Town and Western Cape File Tafelberg Housing Reports After ConCourt Ruling

The deadline for the City of Cape Town and the Western Cape Government to submit reports to the Western Cape High Court was reached on Friday, October 2, 2026, following an order from the Constitutional Court in July.

In July, the Constitutional Court ruled that the authorities had failed to consult the national minister of Human Settlements about their intention to dispose of public land and had not provided meaningful public participation in relation to the controversial Tafelberg site in Sea Point. The apex court declared the 2015 sale of the property unlawful in a landmark unanimous judgment, after more than a decade of litigation brought by housing activists challenging the proposed disposal.

The matter relates to the proposed sale of the land to the Phyllis Jowell Jewish Day School for R135 million in 2015, under then-premier Helen Zille. Housing activists Ndifuna Ukwazi and Reclaim the City challenged the decision against the City, the Western Cape Government, the premier and the MEC for Transport and Public Works, arguing that the disposal perpetuated spatial apartheid and that the land should instead be used for centrally located social housing.

In response to questions about the reports, the City said it was "in the process of finalising its submission as per the court order". The Western Cape Government said it respected the Constitutional Court judgment and the obligations arising from the court order, adding that the required report "will be submitted to the High Court within the prescribed timeframe".

Ndifuna Ukwazi said in a seven-page report that social housing at the site was possible but that funding could be an obstacle. It noted that a provincial study found 250 social housing units were possible, but that the yield was reduced to 200 because the City of Cape Town's Heritage Department was concerned about the impact on views rather than on spatial transformation.