Cape Town Mayor slams SAHRC's 'politicised' court bid to interdict municipal property releases

The South African Human Rights Commission (SAHRC) has filed a court injunction against the City of Cape Town, demanding that the Western Cape High Court declare the transfer of 49 municipal properties as unlawful and unconstitutional. This move follows the City's announcement of an auction in February 2026 to sell properties, including the renowned Good Hope Centre.

The SAHRC's application seeks an interdiction of the transfers until their review. The Commission argues that the City did not fulfill constitutional and statutory duties related to housing, spatial justice, public participation, and the sale of municipal assets. It requests an order declaring the decisions unconstitutional, unlawful, irrational, and invalid, setting them aside, and referring the case back to the City for reassessment.

The SAHRC's legal action stems from the Commission's February intervention, where it expressed concerns over Cape Town's "shortage of affordable housing and persistent spatial inequality." It questioned whether the City adequately considered the properties' potential to contribute to affordable and social housing before offering them for sale.

The Commission expressed particular concern about the lack of legally binding conditions requiring purchasers to provide affordable or social housing. Furthermore, it criticized the adequacy of public participation processes, some of which were established in 2010, following significant public backlash over the possible sale of the Good Hope Centre.

Initially, the property was provisionally sold for R135 million to Spirit Revelation Ecclesia / New World Faith Ministries, led by Pastor John Anosike. However, the deal fell through when the buyers could not meet the financial requirements. The Commission met with Mayor Geordin Hill-Lewis to discuss its concerns and requested the postponement of the auction to allow for further engagement and the consideration of the constitutional implications of the disposals.

The Commission aims to ensure that decisions concerning the sale of municipal properties prioritize the urgent need for affordable housing and address South Africa's enduring spatial inequalities, thereby serving a legitimate governmental purpose. The GOOD Party welcomed the SAHRC's actions, stating that it would go beyond the Commission's request by halting all proposed sales of public land.

The party emphasized that, with half a million families without land ownership or a dignified place to live, publicly owned land must be utilized for public benefit.