The Constitutional Court ruled that the sale of the Tafelberg site by the Western Cape government was unlawful and unconstitutional because of inadequate public participation.

Activists march at the Sea Point Methodist Church following the Constitutional Court’s judgment on the Tafelberg school sale matter. Picture: Mihle George/EWN
The Congress of South African Trade Unions (COSATU) in the Western Cape said that “heads must roll” and those responsible for the sale of the Tafelberg site must be held accountable.
The call comes after Thursday’s Constitutional Court ruling that the sale of the Tafelberg site by the Western Cape government was unlawful and unconstitutional due to inadequate public participation.
The Constitutional Court found the Western Cape government wanting when it came to meaningful public participation in the decision to sell a former school in Cape Town’s seaside suburb of Sea Point, declaring the decision unconstitutional.
COSATU labelled the ruling a “monumental victory” for the fundamental right to adequate housing, which the federation has advocated for.
Provincial secretary Malvern de Bruyn said the judgment rejects the view that treats public land as mere commercial assets.
He said action must be taken against those responsible for the sale.
“COSATU Western Cape is, therefore, calling for full accountability. Heads must roll. The officials and political office bearers who pushed this unlawful sale against all legal advice and public sentiment must face consequences.”
“The city is also supporting various province-led affordable housing projects in central Cape Town totalling thousands of units, including at 353 on Main [the Tafelberg site]”.
He said the city also faced a major funding crisis during the period.
‘GAME-CHANGING’ AFFORDABLE HOUSING PLAN
The City of Cape Town said it looks forward to the opportunity to update the Constitutional Court on its plans for affordable housing.
Pophaim said while the city was not involved in the sale, it is addressing the issue of affordable housing.
He said the metro is also supporting various province-led affordable housing projects in central Cape Town, including the Tafelberg site.
“While others have debated the principles of spatial justice, Cape Town has delivered it. We look forward to the opportunity update the court on our game-changing programme on affordable housing and the progress we have made.”
Source: https://www.ewn.co.za/heads-must-roll-says-western-cape-cosatu-after-landmark-tafelberg-ruling/
