The SCA confirmed that the Tafelberg sale, which was later canceled by the Phyllis Jowell Jewish School, was legal. (Jack Stander/Gallo Images)
In a wide-ranging judgment on the protracted Tafelberg property dispute, the Supreme Court of Appeal (SCA) ruled that there was no legal obligation for the Western Cape government or the City of Cape Town to “provide social housing in designated locations”. It was decided not to do so. .
“The real question is: (1) whether the province and city had a duty to provide social housing in a particular location, namely in the center of Cape Town, and (2) whether they failed to meet this duty. “There is no such obligation in view of the functions of the state and local governments set out above, as is clear from their roles and responsibilities,” Justice Nambitha Dambuza wrote on behalf of the full court. .
According to Dambuza, the roles and responsibilities assigned to provinces and cities by the Housing Act and Social Housing Act include “no obligation to provide social housing in any particular location”.
South Africans need to gain knowledge if we want to build a prosperous future. News24 has been keeping the nation informed for 25 years and we are entering a new chapter of fearless journalism. Join our free subscription trial to unlock this story and a world of news designed to inform, empower and inspire.