The litigation follows the Commission’s intervention in February 2026, when it raised concerns about the sale of municipal properties against the background of Cape Town’s shortage of affordable housing and persistent spatial inequality. The Commission questioned whether the City had properly considered the potential of the properties to contribute to affordable and social housing before offering them for sale.

The Commission was particularly concerned that the proposed disposals were not subject to legally enforceable conditions requiring purchasers to provide affordable or social housing. It also questioned the adequacy of the public participation processes relied upon by the City, some of which dated back to 2010.

In February 2026, the Commission met with Executive Mayor Geordin Hill-Lewis, to raise the concerns, and to subsequently request that the auction be postponed to allow for further engagement and proper consideration of the constitutional implications of the disposals. The City declined the request, and the auction proceeded. However, the Commission continued to engage the City, including the Speaker of Council, regarding its concerns.

The Commission seeks an interim interdict preventing the City from transferring the disputed properties or taking further steps to implement the disposal decisions pending the determination of the review. The Commission also seeks an order requiring the preservation of records relevant to the decisions.

The Commission further seeks an order declaring the disputed decisions unconstitutional, unlawful, irrational and invalid, reviewing and setting them aside, and referring the matter back to the City for reconsideration. The Commission contends that the decisions failed to comply with constitutional and statutory obligations concerning housing, spatial justice, public participation and the disposal of municipal assets.

Public land is a finite resource, and its disposal has lasting consequences for the residents of Cape Town.  The Commission seeks to ensure that decisions concerning the disposal of municipal properties consider the urgent need for affordable housing and the constitutional imperative to address South Africa’s enduring spatial inequalities thereby serving a legitimate governmental purpose.

ENDS

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION