CAPE TOWN – Residents of Ruwari, a quiet suburb of Brackenfell, have launched a formal complaint against the City of Cape Town regarding the tender process of the proposed social housing development.
The complaint, submitted by the Brackenfell Ratepayers Association on behalf of the residents, is a legally grounded challenge in terms of the Promotion of Administrative Justice Act (Paja).
In addition, residents last week compelled the release of all relevant documentation under the Promotion of Access to Information Act (Paia).
At the heart of the objection is the assertion that residents were never meaningfully consulted before the City initiated the tender for the development under its Affordable Housing Programme.
The City in late January issued a R126 million in tenders for affordable housing developments on four land parcels, including the controversial erf 9702 in Brackenfell.
The proposed project will see 115 City rental flats and 30 Gap houses go up on the open land in Affodil Street adjacent to the Brackenfell Traffic Department.
Ruwari residents have opposed the development since 2019, citing concerns about property values and inadequate infrastructure. Last year, 1 600 residents signed a petition that was hand delivered to the mayor.
Kept in the dark
The association argues that the absence of structured, ward-level public engagement is a direct affront to the principles of participatory governance that underpin South Africa’s constitutional democracy.
“Residents directly affected by this proposed development were not meaningfully consulted prior to the initiation of this tender,” the association states in its submission.
Making matters worse, the residents say, is that the tender documentation itself leaves the most critical details of the development entirely undefined.
In their submission, the association states that the final number of units, the density and height of buildings, the traffic impact, and the infrastructure requirements have all been left open for individual bidders to propose, meaning the City has, in effect, asked the public to raise concerns about a development whose shape and scale remain unknown, the association holds, adding that this approach is fundamentally unjust.
The association argues that by deferring key parameters to the bidder stage, it is impossible for affected residents to properly evaluate what is being proposed, let alone mount a meaningful response.
Residents subsequently became aware that bidders in respect of this development have reportedly already been announced following the tender process undertaken in terms of the Municipal Asset Transfer Regulations (MATR).
Roads, pipes and peace of mind
In a letter to the Chair and members of Subcouncil 2, the association writes, “Residents are deeply concerned that the development has simultaneously been publicly marketed as suitable for private sector development, while the City also maintains that the statutory planning and land use process is still outstanding. This creates a strong perception that the outcome may already be predetermined before the formal Land Use Management Process public participation process has commenced.” In the yet-to-be answered letter they requested “clarity, transparency and meaningful public participation.”
Beyond the procedural objections, the association raises hard practical concerns. Ruwari’s road network, residents say, is already under strain, and no publicly accessible traffic impact assessment has been produced.
The same applies to the capacity of water, sewerage and electricity infrastructure, as well as the potential effect on public amenities and community safety.
The City of Cape Town had not responded to a request for comment by the time of publication. This article will be updated should a response be received.
