Cape Town sold 49 properties. Now this step faces a challenge
CAPE TOWN — The South African Human Rights Commission has asked the Western Cape High Court to stop the transfer of 49 municipal properties sold at auction in February, pending a review of the City’s decision. The application challenges whether Cape Town adequately considered affordable housing needs before selling public land.
The auction has already taken place. The commission is seeking to prevent ownership transfers while the dispute is considered, rather than halt an upcoming sale. The available reporting does not establish that a court has granted that interdict.
Housing commitments under scrutiny
The SAHRC questions whether the properties could have supported affordable or social housing, and whether residents had a meaningful opportunity to influence the disposal decisions. Its application also seeks to preserve relevant documents and have the auction decision declared unlawful and invalid.
A central concern predates the auction: the difference between an intention to encourage housing and a binding requirement on buyers. In February, the commission said Mayor Geordin Hill-Lewis had indicated that portions of the land were intended for affordable or social housing, but confirmed that the sales would carry no conditions requiring that outcome.
The commission consequently questioned how those housing intentions would be enforced. It requested a postponement after meeting the mayor on 20 February, arguing that older consultation processes needed reconsideration against changed social and economic conditions.
City defends land release
In its February defence of the auction, the City said the properties had been assessed and were not required for municipal purposes. It maintained that the process complied with legal and constitutional requirements, including public participation, and that revenue would support service delivery.
The City also pointed to a separate affordable housing programme with 12,000 units in the pipeline. Its position was that releasing unused properties would attract investment and generate economic and social benefits. That statement preceded the latest court application.
For residents seeking affordable housing, the dispute concerns whether public land’s potential housing value was properly considered before disposal. For buyers, the immediate issue is whether transfers can proceed while the legality of those decisions is challenged. The application itself does not settle either question.
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