Social housing activists have welcomed a Constitutional Court judgment that certain levels of government had failed to live up to their constitutional mandate to provide affordable housing and spatial justice to those who need it most.

On Thursday 2 July, the apex court found the Western Cape government and City of Cape Town failed in their constitutional duty to address apartheid-era spatial inequality,

It took issue with a site in Sea Point, the old Tafelberg School building, which it had sold in 2015, a decision the court said was unlawful.

Social housing lobby groups Ndifuna Ukwazi (NU) and Reclaim the City took the Western Cape government to court over the site, declared surplus in 2015 and sold to a private school.

The High Court ordered the Western Cape government and the City to submit detailed plans within three months outlining how they intended to tackle spatial inequality through affordable housing.

Victory for the disadvantaged

Sheila Madikane of Reclaim the City described the Constitutional Court ruling as a victory for poor and working-class communities.

“It was a difficult 10 years that we were fighting. Some thought we were fighting a losing battle. But by the will of God we kept the faith. I always said we would win this battle no matter how long it took.”

She said the judgment affirmed that public land should be used to address a pervasive housing crisis rather than serve private interests.

“Our Reclaim the City slogan reads ‘Land for people, not for profit’, so it was the obligation of the City of Cape Town and the provincial government to allow poor people to have the land. But they wanted to play that gambling game with us so they can do what they want.”

Madikane said affordable housing solutions must go beyond social-housing models, arguing that current rental schemes remained out of reach for many low-income families.

“We don’t want social housing because it doesn’t work out for many of us. If one rents a social house and can’t pay the rent then one is chucked out. They must make it useful and affordable for everybody.”

Next step

She said the focus must now shift to implementation and housing activists will now hold the City of Cape Town and Western Cape government accountable and demand clear timelines for delivering affordable housing projects.

Buhle Booi, head of political organisation at NU, welcomed the ruling, saying public land “must not be viewed as a commodity.

“This is a landmark judgment that will tell governments across the country and municipalities that public land is not something to be sold. It should not be viewed as a mere commodity. It must first be prioritised for its social value. It must be used to address inequalities and the harsh realities of our past.”

The City said it noted the Constitutional Court’s finding that all spheres of government must work together on releasing land for affordable housing and stressed that this responsibility should also extend to national government and its well-located properties.

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