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The Western Cape government said it was contemplating the way forward after the Western Cape High Court dismissed its bid to appeal against an historic August 2020 decision on the Tafelberg site, which activists want for inner city social housing. ....
The Reclaim the City pressure group is one of the groups demanding that the Table Mountain school grounds in Sea Point not be sold and be developed for social housing. Photo: Daneel Knoetze The Western Cape High Court granted both the Provincial Government and the City of Cape Town leave to appeal the Supreme Court of Appeal against certain orders made in the initial judgment delivered last year August. The Western Cape Government took the court s decision on appeal last year saying the judgment amounts to judicial overreach . A ruling last year found the City of Cape Town and the Provincial Government had failed in their Constitutional mandate to address apartheid spatial planning by selling the site to the Phyllis Jowell Jewish Day School for R135 million. ....
Despite their stated commitment to spatial redress, both the Western Cape provincial government and the City of Cape Town were back in court on Friday, 12 March, arguing for leave to appeal “the Tafelberg judgment” – a high court ruling that has been celebrated by housing activists for its potential to redress the shameful and divisive legacy of spatial apartheid in Cape Town. Their arguments raise serious concerns about the state’s understanding of how to use well-located land to begin reversing the legacy of spatial injustice that continues to shape our city. There is a game that land and housing activists play to think about spatial injustice. Players are divided into four sections of a room, with more people crowded at the back and everyone instructed to throw two balls into a basket that’s placed at the front. If your ball goes in, you may move forward. If not, you stay where you are. ....
Picture: Daneel Knoetze Judges Patrick Gamble and Monde Samela presided over the Tafelberg case virtually and sat for several hours listening to arguments. The Western Cape government took the court s decision on appeal last year on the basis that the judgment amounted to judicial overreach . Activists have been challenging the provincial government s decision to sell the Tafelberg site to the Phyllis Jowell Jewish Day School for R135 million seven years ago. The land had previously been earmarked for affordable housing. Judgment in the case of the controversial sale of a piece of prime property in Sea Point, Cape Town, was reserved until the second quarter of the year. ....