The Supreme Court of Appeal (SCA) has delivered its judgment on the contentious Tafelberg school property case, ruling in favour of the Western Cape Government.

It overturned a ruling of the Western Cape High Court on the matter, which dismissed the provincial government’s decision to sell the property to a private school. Housing activists brought the matter to court, noting that this is the latest in the Province and the City’s failure to address spatial apartheid.

“It is declared that the deed of sale between the Province and the fifth respondent in respect of the Tafelberg Property is void, of no force and effect and is hereby set aside,” as per the 2020 judgement of the High Court.

But following the SCA’s ruling on Friday, Premier Alan Winde says it confirms provincial government’s commitment to spatial redress.

Winde says engagement with all affected parties is now the best way forward.

“We therefore call on Reclaim the City and Ndifuna Ukwazi to join us in condemning the illegal occupation of Helen Bowden Nursing Home and other properties which have been ear-marked for affordable housing in central Cape Town and to make every effort not to further hamper our efforts to develop these sites for our most vulnerable residents.”

SCA ruling disappoints housing activists

Despite the SCA’s validation of the government’s procedures, Ndifuna Ukwazi has expressed disappointment with the ruling. Head of Ndifuna Ukwazi’s Law Centre Disha Govender says the essence of the matter remains unchanged—the imperative to repurpose the Tafelberg site for social housing.

“The case really has been about interrogating the lack of real commitment and action by the Province and City to redress spatial apartheid and a call for accountability of the state to act reasonably and in accordance with their obligations in how they use land. It must be emphasized that the SCA’s judgment does not change the fact that the sale of the Tafelberg site was set aside and is available to be used. And we reiterate our call for the Province to develop the site for social housing.”