A Constitutional Court ruling has vindicated months of activism by Sea Point resident Sheila Madikane.
The court determined that the City of Cape Town and Western Cape Provincial Government had failed to engage the public regarding the disposal of land in and around the city.
The ruling specifically highlighted concerns about the Tafelberg site in Sea Point, where the lack of public consultation has been a major point of contention. For Madikane, the decision was the answer to her prayers.
Ndifuna Ukwazi, Reclaim the City, and other human rights and housing activists gathered for a public viewing of the judgment at Sea Point Methodist Church.
Cheers rang out as Justice Nonkosi Mhlantla handed down the judgment.
Tears of joy flowed as ten years of litigation between applicants Sea Point residents Thozma Angela Adonisi, Phumza Ntutela, Sharone Daniels, Selina la Hane, Reclaim the City, and Trustees of Ndifuna Ukwazi Trust, and respondents provincial government departments transport and public works, the Premier, the provincial government, and the City of Cape Town, concluded.
Madikane said it had been a ten-year litigation journey
"This is our land. We fought for what is ours," she said.
Madikane said God had answered her prayers
"We fought hard. I'm so glad that God answered my prayers. There is no way that people can be pushed out of the city, and that the city belongs to the whites only. The city must be a mixed-use city for each and every one.
"We can't be pushed to the peripheries and forced to stay there," she said.
The court ruled that the Western Cape government’s decision to sell the Tafelberg property in Sea Point must be reconsidered, marking a significant victory for advocates of affordable housing and spatial justice.
The case centred on whether the province acted lawfully when it declared the state-owned property surplus and sold it, despite calls for it to be used for affordable housing in a well-located area.
The Court found that the matter raised important constitutional issues concerning access to adequate housing, equitable access to land, and the ongoing legacy of apartheid-era spatial planning.
The judgment clarified that government departments must comply with the Government Immovable Asset Management Act (GIAMA) before disposing of public land and emphasised that decisions about state property must be rational, transparent and aligned with constitutional obligations.
It also reaffirmed that courts may assess whether government policies and actions are reasonable in advancing the rights to housing and land, even where legislation already exists.
The court stressed that all spheres of government share a duty to work together to address spatial inequality and ensure that public land is managed in a way that promotes the progressive realisation of housing rights. The ruling provides important guidance for future disposals of state land across South Africa.
Disha Govender, former head of Ndifuna Ukwazi Law Centre, and attorney who represented NU in the Concourt hearing, said: “This judgment is not only going to change this city and this province. It has the power to change the country and how it prioritises the social value of land.”
She said that the ruling was a tool the public could use to make a reality.
"Guys, we won everything. We won everything that is needed to hold the City, the province, and the state generally accountable," she said.
"The court is saying that the city and province have not fulfilled their obligations to essentially redress spatial apartheid, to ensure spatial justice, to ensure equitable access to land and, in particular, housing, affordable housing in well-located areas.
Infrastructure MEC Tertuis Simmers said: "We note the judgment and are currently studying it in detail. A comprehensive media statement setting out our response and the implications of the judgment will be issued in due course."
The City's mayoral committee member for human settlements, Carl Pophaim, said the City has welcomed the Constitutional Court’s ruling on the former Tafelberg property, now known as 353 on Main.
He said it provides an opportunity to update the court on progress made in delivering affordable housing.
The City says around 4 000 affordable housing units are entering construction this year, with a pipeline of 12 000 units in well-located areas. It also highlighted completed social housing projects and support for provincial developments, including 353 on Main.
The City cited limited national social housing grant funding as a major challenge and called for greater cooperation between all spheres of government on land release.
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