The Constitutional Court gave the City of Cape Town and Western Cape Government three months to account for their failure to deliver affordable housing. The deadline expired on 2 October, and both governments’ reports have since been made public.

The City announced its report on 4 October. Both reports are before the Western Cape High Court.

It has been nine years since the litigation began. Neither government has completed a single affordable housing project in the CBD, Sea Point, Salt River, Woodstock or Observatory.

The ruling

On 2 July 2026, the Constitutional Court ruled unanimously that both spheres of government had “failed to comply with their obligations.” These obligations were to implement social housing programmes in the Cape Town CBD and Sea Point.

The case concerned the Tafelberg site at 355 Main Road, Sea Point. The Western Cape Government had proposed selling the provincial property to a private school rather than using it for affordable housing. The Constitutional Court subsequently ruled that the proposed sale was unlawful.

The court ordered both governments to submit detailed reports within three months. These had to set out completed projects, budgets, coordination efforts and future timelines.

What the reports say

The City’s report says it has released 14 sites for affordable housing, six of them in the inner city. Across all 14 sites, the potential yield is about 7 000 residential units.

The City reports that 5 121 affordable housing units have been completed across Cape Town. None of these completed units are in the areas covered by the court order: the CBD, Sea Point, Salt River, Woodstock and Observatory.

The City says national grant funding for affordable housing has declined by 41.1% since 2017, taking inflation and population growth into account. It also says no further funding approvals have been granted for developments on City-released land since Maitland Mews received approval in 2021.

Mayoral committee member for human settlements Carl Pophaim said thousands of housing opportunities are ready for construction. However, the City says these projects cannot proceed without national government support.

Premier Alan Winde’s report states plainly: “There have however to date been no affordable housing projects completed in the CBD since 2017.”

“Zero affordable homes”

In a statement on 5 October, GOOD Party Secretary-General Brett Herron said neither government has completed a single affordable housing project. He listed the CBD, Salt River, Woodstock, Observatory and Sea Point as the areas in question.

Herron argued that the Constitutional Court had already addressed the issue of budget constraints. At paragraph 161, the court considered the steps government should take when funding is insufficient to meet its constitutional obligations. “Neither report shows evidence of such,” he said.

Pophaim responds

Pophaim confirmed that Erf 212 in Bishopscourt had been made available for the Protea Village restitution project. The site is at the corner of Rhodes Drive and Kirstenbosch Drive.

The City says its affordable housing is aimed at households earning up to R34 800 a month.

Asked whether affordable housing in well-located suburbs like Constantia depends on mixed-use development, Pophaim said it would. “In most areas of Cape Town this would be the case for public private affordable housing partnerships,” he said.

Pophaim was also asked about affordable housing on restitution land sold commercially. He cited the vacant plot next to Constantia Emporium as an example. “The City supports redress and the right of restitution claimants,” he said. “The restitution beneficiaries have to determine their own future and nature of restitution, i.e. housing and or commercial income.”

The Bishopscourt site

Erf 212 is part of the Protea Village restitution claim. The community was forcibly removed between 1959 and 1970 under the Group Areas Act. Residents were forcibly removed to areas across the Cape Flats. A restitution claim was lodged in 1995.

The City and the state agreed in 2006 to release Erven 212 and 242 to the Protea Village Communal Property Association. The project uses a cross-subsidisation model in which private stands are sold to fund homes for returning claimants.

The project has faced repeated delays, including two court cases and a withdrawn planning appeal. Construction began last year, but the current status of the homes should be confirmed with the relevant authorities or the community association.

The wait for homes continues

DA ward councillor Emile Langenhoven has been contacted for comment.

The court-ordered reports have been submitted. In the inner-city areas covered by the ruling, the wait for completed affordable housing continues.

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