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You are here: Home / News / Constitutional Court Reserves Judgment on Tafelberg

Constitutional Court Reserves Judgment on Tafelberg

12 February 2025 by Alan

The Western Cape Government notes that the Constitutional Court has reserved judgment on the Tafelberg matter yesterday.

Western Cape Minister of Infrastructure Tertuis Simmers said, “The Western Cape Government is dedicated to using its assets to provide affordable housing in well-located areas where this is a reasonable and prudent use of the asset. Earlier this year, we announced the proposed plan for affordable housing and social services on the Tafelberg site, and we remain steadfast in this commitment.”

On 30 January 2025, the Western Cape Departments of Infrastructure (DOI) and Social Development (DSD) announced that they proposed to use a portion of the for affordable housing and the remainder, to accommodate the heritage of the site for the social services.

The entire site is designated as a heritage site, and the school building has been designated as a provincial heritage building which limits its potential uses (e.g., not suitable for residential conversion). Heritage constraints will also apply to significant site features such as trees and the perimeter wall.

The subdivision (see attached image) is designed to protect these heritage elements while enabling a residentially led mixed-use development that includes affordable housing. Additionally, some commercial activity is incorporated to help fund affordable housing.

The Tafelberg site requires preliminary planning work and, while we await the Constitution Court’s ruling on the matter, the DOI will proceed with its work to determine the optimal use of this property on an expedited basis once the ruling is handed down, and in accordance with any directive the court might determine.

The registration of Interested and Affected Parties (I&APs) was initiated in 2024 to create a register for future engagements. To streamline the process, the project team will now draft three concept plans before engaging I&APs in an open house workshop and focus groups, after which a 30-day feedback period will follow. Hereafter, and because of the site’s heritage status, the first legislated public participation will occur when the draft Heritage Impact Assessment (HIA) and subdivision plans are published for comment.

Minister Simmers added, “We look forward to proceeding with this and other developments within the City of Cape Town, but it is worrisome that many sites earmarked for housing development in and across Cape Town are unlawfully occupied, and it is disingenuous of opposition parties, activist groups, and some media to distort our intention for the Tafelberg and other sites.”

Minister Simmers concluded, “Lawful beneficiaries on our housing demand waiting list are waiting patiently for our processes to run their course and for their turn to receive a housing opportunity. Our priority is to serve those law-abiding beneficiaries, who do not invade public property unlawfully, who do not obstruct our delivery processes, and who work with us, not against us.”

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Category: NewsTag: Cape Town, MyZA, South Africa

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