Ndifuna Ukwazi (NU) says it will be joined by Reclaim The City in Johannesburg, where they will soon argue against the Supreme Court of Appeal’s (SCA) ruling on the Tafelberg site in Sea Point.

Earlier this year, the SCA ruled in favour of the Western Cape Government and the City of Cape Town for the site to be put up for sale. The court found that the provincial and metropolitan government has no obligation to offer social housing at the site.

READ MORE: SCA rule in favour of WCG, overturns judgement on Tafelberg site

This legal battle was ignited by a ruling from the Western Cape High Court in 2020, which annulled the sale of the Tafelberg site by the Western Cape Government. The court found that the province and the City had failed to address spatial apartheid and ordered them to develop a plan to meet these obligations.

“30 years after democracy, the legacy of apartheid still looms large and the division it created still manifests and is visible. The Tafelberg Court Case seeks to hold the Western Cape and City of Cape Town Governments accountable in addressing at a systemic level how public land and particularly well-located public land must be valued,  used and redistributed to deliver on the constitutional mandate to transform our society, and to ensure a truly inclusive and spatially just city for all. The time is now,” Disha Govender, Ndifuna Ukwazi.

The matter is now headed to the apex court, with housing activists hoping that their concerns regarding housing and spatial apartheid will be addressed.

In a statement by NU, it noted that the core issue in this case is whether the province and the City fulfilled their obligations to redress the effects of spatial apartheid by ensuring equitable access to land and adequate housing. The Constitutional Court will examine whether these authorities have acted reasonably and whether they have adequately included the public in decisions about the use and management of public land.

It further noted that their appeal will be heard alongside a related case involving the National Minister of Human Settlements.

“While litigation is a powerful tool to advance spatial justice, it is equally crucial to build the power of the people to hold the Premier of the Western Cape accountable. We must ensure that the Tafelberg site is used for affordable housing for the working class people of Sea Point and the surrounding areas. The fight for spatial justice is not just a legal battle, but a collective effort to transform our society and create a truly inclusive city,” Buhle Booi, Ndifuna Ukwazi.