The South African Human Rights Commission (SAHRC) is seeking to interdict the City of Cape Town’s transfer of 49 municipal properties which were sold through an auction in February. The Commission says it has instituted proceedings in the Western Cape High Court to halt the transfer pending a review of the City’s decision to dispose of these properties.
It comes as the SAHRC has questioned whether the City adequately considered their potential for affordable and social housing before putting them up for auction. The Commission is also concerned that the sales were not subject to legally enforceable conditions requiring buyers to provide such housing.
The SAHRC stressed that public land is a finite resource, noting that its disposal has lasting consequences for the residents of Cape Town. Commission spokesperson, Wisani Baloyi says it will also seek 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 settling them aside, and referring the matter back to the City for reconsideration. The Commission contends that the decision failed to comply with the constitutional and structural obligations concerning housing, special justice, public participation in the disposal of municipal assets.”
