The Minister of Human Settlements, Thembi Simelane, has welcomed the Constitutional Court judgement about the sale of Tafelberg property, describing it as an important affirmation of government’s constitutional obligations in advancing spatial justice and equitable access to well-located land.

Among its findings, the Constitutional Court ruled that the Western Cape Provincial government failed to fulfill its obligations of co-operative governance by not consulting and informing the Minister of Human Settlements about its intention to dispose of the Tafelberg property, situated at the Sea Point in the City of Cape Town.

The judgement further confirms the Minister’s position that it is necessary to undertake meaningful engagement with communities and consider their inputs before selling such properties.

Welcoming the ruling, Minister Simelane reiterated that dismantling the spatial inequalities inherited from the apartheid era remains central priority of government. She emphasized that the strategic release and optimal use of well-located public land are essential to accelerating the delivery of affordable housing and creating inclusive, integrated human settlements.

Government has consistently maintained that state-owned properties are a critical resource in addressing South Africa’s housing needs and redressing historical patterns of spatial exclusion. The release of strategically located land for human settlements development remains integral to achieving these objectives.

In line with this commitment, during 2025/2026, the Housing Development Agency (HDA), an agency of the National Department of Human Settlements (NDHS) acquired 2 447.05618 hectares of well-located land to support the development of sustainable and integrated human settlements across the country. 

“This judgement serves as an important reminder of our collective responsibility to ensure that public assets are managed in a manner that advances public interest and gives effect to the constitutional right of access to adequate housing. As government, we must continue to prioritise the effective use of well-located land to address the spatial injustices of the past and expand access to affordable housing opportunities”, said Minister Simelane.

She added that the ruling will go a long away in ensuring that people have access to decent and affordable accommodation closer to social and economic activities.

Minister Simelane also acknowledged the contribution of civil society organizations and communities in advancing social justice through constructive engagement and constitutional processes.

“We commend the commitment Non-Governmental Organisations and ordinary members of the public in advancing social justice. Government remains committed to working collaboratively with all stakeholders to accelerate the delivery of sustainable human settlements and ensure that every South African has access to dignified housing opportunities”, Simelane concluded.

Enquiries: Tsekiso Machike, Spokesperson to the Minister on 077 410 5050  Tsekiso.machike@dhs.gov.za. 

Issued by the Ministry of Human Settlements, Govan Mbeki House 240, Justice Mahomed Street, Sunnyside, Pretoria