02 July 2026

The African National Congress Caucus in Parliament welcomes the landmark judgment of the Constitutional Court declaring the sale of the Tafelberg Property by the Western Cape Government and the City of Cape Town unlawful.

The Court’s finding that the Democratic Alliance-led Western Cape Government failed to meet constitutional obligations to advance social housing in the Cape Town Central Business District (CBD) is a significant victory for constitutional democracy, spatial justice, and the transformation agenda envisaged by our Constitution.

This judgment affirms a fundamental constitutional principle that public assets must be utilised to advance the public good, particularly for those who continue to bear the burden of apartheid’s spatial planning.

It is unacceptable that, more than three decades into democracy, thousands of working-class families remain excluded from well-located urban areas because of policy choices that preserve inequality rather than dismantle it.

The Constitutional Court has confirmed what the ANC, communities and civil society organisations have consistently argued that government has a constitutional duty to actively redress the legacy of apartheid by promoting inclusive, integrated and affordable housing in areas close to economic opportunities, quality public services and social amenities.

Apartheid deliberately separated people from places of work, education and economic opportunity, forcing millions to endure long travelling distances and high transport costs while limiting access to opportunities for social and economic advancement. This judgment serves as a reminder that all spheres of government have a constitutional obligation to reverse these injustices through progressive and people-centred policies.

The ANC Caucus calls on the Western Cape Government and the City of Cape Town to comply fully with the judgment and to urgently develop and implement a comprehensive social housing programme that prioritises well-located public land for affordable housing.

The ANC Caucus strongly believes that compliance must go beyond legal obligations and demonstrate a genuine commitment to building inclusive and integrated communities.

ISSUED BY THE ANC CAUCUS IN PARLIAMENT

For enquiries, please contact:
Cde Hlengiwe Hadebe ​
Media Liaison Officer ​
+27 64 147 3276