The Tafelberg Constitutional Court Case: A Landmark in South Africa’s Fight for Land Justice and Human Rights #UNDOSPATIALINJUSTICE

As South Africa marks the 59th anniversary of District Six’s declaration as a White Group Area under apartheid, the nation confronts a critical moment in its ongoing struggle for land justice, spatial redress, and human rights. On 11 February 2025, the Constitutional Court will hear the Tafelberg case— a pivotal legal battle with profound implications for equitable access to urban land and housing in post-apartheid South Africa.

A Legacy of Forced Removals in the Month of February

The hearing date carries deep historical significance. On 11 February 1966, the apartheid government declared District Six a White Group Area, displacing over 60,000 residents and dismantling a thriving multicultural community. Just days earlier, on 9 February 1955, a similar fate befell Johannesburg’s Western Areas, including Sophiatown, where another 60,000 people were forcibly removed under the Group Areas Act. These injustices are not just history—they continue to shape South Africa’s urban inequality today.

The Tafelberg Case: A Fight for Undoing Spatial Apartheid

The Tafelberg case, brought by Ndifuna Ukwazi (NU) and Reclaim the City (RTC), challenges the Western Cape government’s failure to redress spatial apartheid in central Cape Town. It calls for the use of the well-located Tafelberg property in Sea Point for affordable housing, addressing the city’s deepening housing crisis and asserting the constitutional duty to provide equitable access to land and housing.

This case follows a landmark 2020 Western Cape High Court ruling that overturned the sale of the Tafelberg site and ordered the government to develop a plan for spatial redress. The case aligns with the recent Bromwell Street ruling, another victory for Ndifuna Ukwazi, which emphasised the state’s obligation to provide dignified housing solutions in well-located urban areas.

Political Context: Land Reform and Global Displacement Under Scrutiny

The case unfolds against a backdrop of rising political tensions concerning land reform in South Africa and in the broader global context of displacement and human rights. Last week US President Trump signed an Executive Order condemning South Africa’s land reform policies, threatening to withdraw aid. Days earlier, he sparked global outrage by dismissing Palestinian land rights. President Ramaphosa has, however, reaffirmed South Africa’s commitment to land reform, affordable housing in urban areas and the importance of undoing spatial apartheid.

A People-Centered Approach to Undoing Spatial Apartheid

In this context the Tafelberg case is more than a legal battle—it is a symbol of the broader fight for a people-centered approach to land, housing, and human settlements. It echoes the enduring struggle of District Six claimants and millions of South Africans who remain excluded from well-located urban areas.

As we reflect on the 59th anniversary of District Six’s destruction, we honour the resilience of those who continue to demand spatial justice. The Tafelberg case presents a critical opportunity for the Constitutional Court to affirm the rights of marginalised communities, the working poor and all those who suffer the economic consequences of spatial exclusion.

?Call to Action

We urge all South Africans to stand in solidarity with Tafelberg housing activists, District Six claimants, and the people of Palestine, and all those fighting for land justice and undoing spatial apartheid. The outcome of this case will shape the future of South Africa’s cities and advance the vision of a more equitable South Africa.

?“The Tafelberg case is a defining test of South Africa’s commitment to undoing spatial apartheid. Despite commitments to land reform, affordable housing in urban areas, and undoing spatial apartheid, political will and decisive action remain in question. We now look to the courts to clarify the state’s obligation and uphold the constitutional vision of spatial transformation. "

Mpho Raboeane, Executive Director of Ndifuna Ukwazi