ActionSA Welcomes Constitutional Court’s Scathing Ruling Exposing DA’s Failure to Undo Spatial Apartheid in Cape Town

ActionSA welcomes the Constitutional Court’s landmark judgment, which delivers a damning indictment of the Western Cape Provincial Government and the City of Cape Town for failing to dismantle the legacy of apartheid spatial planning.

The judgment confirms what thousands of Capetonians already know: despite years of promises, the DA has failed to deliver well-located, affordable housing where it is needed most.

In a scathing rebuke, the Court made it clear that policy documents and paper plans are no substitute for meaningful action. It reaffirmed that both the Province and the City have a constitutional obligation to proactively undo apartheid spatial planning by securing well-located land for affordable housing, particularly in and around the Cape Town CBD.

The Court further declared that the disposal of the Tafelberg site was unlawful and found that the Province had unlawfully declared the property surplus to its needs. It also criticised the public participation process as a hollow box-ticking exercise that failed to genuinely consider the views of affected communities.

Importantly, the judgment affirms that progressively realising the constitutional right to housing is not simply about building houses anywhere. The location of housing is a constitutional imperative. Housing opportunities must be created close to jobs, transport, schools and economic opportunity if South Africa is to reverse the injustice of apartheid geography.

Unlike the DA, ActionSA recognises that developing well-located affordable housing is essential to restoring spatial justice, expanding economic opportunity and addressing Cape Town’s worsening housing affordability crisis.

ActionSA’s plan to Make Cape Town Affordable Again is clear. We will conduct an immediate audit of all City-owned land to identify suitable sites for affordable housing, release strategically located public land for mixed-use and affordable housing developments, make the 15-minute city model central to urban planning, accelerate the restitution and redevelopment of District Six, and tackle the short-term rental crisis that is pricing residents out of Cape Town’s housing market.

Capetonians deserve a city that takes action to undo the injustices of the past and build a future where people can live closer to jobs, opportunity and essential services.

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