Questions about community consultation have emerged after Ward 19 residents (Kuils River) learned that a municipal erf is included in a major City auction.
Local civic organisation Highbury Foundation said residents felt “blindsided” by the announcement made just days before the festive period. Erf 14079 at 232 Highbury Road is one of around 50 City-owned land parcels scheduled for auction on 26 February.
The City says all legal processes were followed, while residents say they only learned about the sale in December.
Process
At a community meeting on Tuesday 20 January, chaired by Ward 19 councillor Ebrahim Sawant at Kuils River Municipal Chambers, residents learned the disposal process had been underway for over five years.
City Property Officer Etieen Tyman from the Economic Growth directorate explained properties are identified through market enquiries or internal reviews, and allocated to project managers for investigation.
Under the Municipal Finance Act, properties required for basic municipal services cannot be disposed of, so line departments are consulted for objections or conditions.
For properties valued under R50 million (as in this case), the Property Transactions Director authorises public participation.
Timeline revealed
Tyman outlined the timeline: public participation was authorised on 28 October 2019, with advertisements placed in the Argus and Die Burger newspapers on 17 January 2020. The Subcouncil was notified on 7 December 2020 for comment, with the City stating no response was received.
The matter proceeded to Subcouncil 14 (then still Subcouncil 21) on 16 February 2022, which recommended approval. After moving through the Immovable Property Adjudication Committee and mayoral committee, Council granted in-principle approval for disposal in October 2022.
Highbury Foundation chair Winston Middleton told the meeting: “From Highbury Foundation side I would say we never received a notice Mr Tyman,” despite the organisation being registered with the subcouncil. He noted:
The first time this came under our attention was when the subcouncil manager sent us a memorandum, passed on from property disposals, dated 19 December 2025.
Sawant, who became Ward 19’s councillor after a by-election in November 2021, said he also learned about the sale in December. “In December, Middleton and a few others contacted me to ask: what is going on, why is the erf on the market? They just assume it is a bad thing. I said to them I will get all the information and then we can talk.”
This prompted him to ask who was handling the disposal (Tyman) and to call the meeting.
Objection
Prior to the meeting, the Highbury Foundation sent a “formal objection” to subcouncil on 7 January, followed by a media release titled “Highbury residents vow to fight City of Cape Town’s ‘surprise’ land auction.”
The Foundation’s objection outlined four main concerns: inadequate public participation, loss of essential public open space in a high-density area, poor long-term planning removing future community facility opportunities, and continued disadvantaging of historically under-resourced communities.
The Foundation demanded immediate withdrawal from auction, disclosure of the Social Impact Assessment and Council meeting minutes, and a comprehensive land audit involving Ward 19 community organisations before any further municipal asset sales.
Concerns
At the meeting, Subcouncil 14 Manager Nosivatho Mkhize acknowledged receiving “several emails and correspondence from concerned residents”. She outlined key community concerns about the process followed, whether proper public participation had occurred and fears about use of the erf.
Residents questioned the City’s communication methods, calling it outdated in a “time where no one reads newspapers anymore” and a “tick box exercise”. Daniel September asked why the City couldn’t notify residents through inserts to electronic municipal accounts.
Graham Raatz asked whether the matter had been presented at ward committee meetings, noting that “the ward committee is one of the mechanisms supposed to act between the subcouncil and residents.”
There were some exchanges about Sawant’s role and knowledge of the matter. Middleton questioned who had given the councillor and subcouncil a mandate to support the 2022 resolution.
For community use
Tyman clarified that the 2570m² Erf 14079 is zoned Community (CO1), not public open space, with the adjacent erf being the actual public open space.
The property can only be used for community purposes such as churches, schools, daycare centres, aged care facilities, or rehabilitation centres.
The sale includes several conditions: only NPOs, NGOs, and public benefit companies can bid, the property is sold at 25% of market value to encourage community organisations, conditions are registered against the title deed, and a “reversibility clause” returns the property to City ownership if misused.
“Whatever organisation is going to come here, it’s for the upliftment of the community,” Tyman said, adding that successful bidders undergo due diligence checks.
Leanne Stellenberg warned about the corner location at Driebergen Street and Highbury Road, citing traffic congestion, single-lane access, and parking constraints that would limit development. One attendee questioned whether the public would have input on what type of facility gets built and another was concerned about future rezoning risks.
Request
At the meeting’s conclusion Mkhize, who only became subcouncil manager last year, committed to investigating whether residents were properly notified during the original process, and to report back. She and Sawant both clarified that they cannot change the Council decision.
Sawant noted the meeting was convened to hear residents’ concerns and provide information. He asked Middleton to formulate the Foundation’s proposal, which was seconded.
Middleton stated: “we believe a fair public participation process was not followed” and again asked for a subcouncil audit on all “public open spaces in Ward 19”. He suggested the subcouncil manager and councillor should seek an audience with the City manager and mayor to halt the sale pending proper community consultation.
Sawant supports the sale. “The City is selling this plot for community purposes, and at a discount — it is a good thing, how can it be a bad thing?
Auction to proceed
“In a response from the City’s Director of Property Transactions (dated 22 January) to an objection submitted from a Highbury resident it is made clear that “the disposal of Erf 14079 Kuilsriver will proceed via auction”.
It stated the City followed all processes mandated under the Municipal Finance Management Act and related regulations, and that “no objections were submitted during the public participation process”.
The City argued that “dormant properties do not generate employment, stimulate local economies, or contribute meaningfully to long-term community upliftment.”
The Highbury property is part of a broader initiative by Mayco member for Economic Growth, James Vos to unlock economic potential from City-owned land. The 50-property auction, announced in a City media release on 21 December, totals around 282 000m² across various locations and aims to generate revenue for service delivery.
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