The Constitutional Court has issued directions confirming that it will hear Ndifuna Ukwazi (NU) and Reclaim the City’s (RTC) appeal against the Supreme Court of Appeal’s (SCA) judgment and order in the Tafelberg matter. The matter will be heard simultaneously with the National Minister of Human Settlements related appeal. The date for the hearing is to be set in due course.
This marks a critical moment in the almost decade long legal battle which will now see the highest court of the land considering the significant issues of constitutional and public importance that are raised in the Tafelberg matter. These include whether the Western Cape Government (WCG) and City of Cape Town (City) have acted reasonably in fulfilling their obligations to redress spatial apartheid and to realise the rights of equitable access to land and adequate housing. It also includes clarification of what the law requires of the government in how it uses, manages and disposes of public land and how people are to be included and enabled to participate in the decision-making regarding public land…