Following an urgent meeting with the Executive Mayor, Geordin Hill-Lewis, on 20 February 2026, the Commission, through the office of Commissioner Philile Ntuli, has addressed further correspondence to the City to propose a voluntary postponement of the auction in the interest of cooperative governance and constitutional compliance. The Commission has received concerns from various interest groups and social movements regarding the potentially adverse human rights implications of the proposed disposal.

Stakeholders and concerned parties have raised concerns that the permanent alienation of public land may entrench spatial injustice and peripheral settlement patterns for marginalised communities. These stakeholders argue that while revenue generation is necessary for municipal service delivery, the sale of public land - in the context of homelessness, inadequate access to shelter, land hunger, and historical injustice related to land dispossession, displacement and gentrification - should always be treated as a last resort.

The Commission remains concerned that the City is relying on public participation processes and in-principle approvals that occurred as far back as 2019, 2021, and 2022. In a post-pandemic socio-economic landscape, the Commission views these processes as no longer temporally relevant. Furthermore, during the meeting on 20 February 2026, the Mayor indicated that the City intends for portions of the land to be utilised for social or affordable housing initiatives.

However, the Mayor confirmed that no conditions of sale to this effect would be applied to the auction. The Commission is therefore unsure how the City’s stated intentions will be realised without enforceable legal conditions. The Commission believes that the balance of convenience favouring the public interest supports a temporary postponement to allow for a comprehensive review of the disposal process. The Commission has therefore proposed that the City undertake such postponement so that our respective offices may attempt to resolve this matter through cooperation instead of more adversarial legal processes.

The Commission has requested a written response to its proposal from the Mayor by the close of business on 24 February 2026. Should the City proceed without further meaningful engagement, the Commission will take all necessary steps to discharge its mandate and protect constitutional rights.

ENDS

Issued by the South African Human Rights Commission