To sell or not to sell? An analysis of the Tafelberg sale in the light of the right to adequate housing in the International Covenant on Economic, Social and Cultural Rights

In 2015, the Western Cape Provincial government (‘WCPG') decided to sell the Tafelberg estate, an old school building located at Seapoint, a suburb of Cape Town. The property was no longer used and the WCPG wanted to generate additional financial means for the construction of an administrative building in central Cape Town. However, Reclaim The City and Ndifuna Ukwazi, two civil society organisations working around housing rights and social justice, criticised the sales decision. They called for the property to be used for the development of affordable housing in order to help addressing the lack of affordable housing in central Cape Town. Eventually, they challenged the sale before the High Court of South Africa, Western Cape Division, which put aside the sales decision in August 2020. In this dissertation, the Tafelberg case is analysed in the light of the right to adequate housing in the International Covenant on Economic, Social and Cultural Rights (‘ICESCR'). In order to make that assessment, the first part of the paper gives an overview of the content and interpretation of that right. The second part of the paper then focuses on the housing situation in Cape Town and on the Tafelberg case in particular. It is argued that the WCPG's decision to sell the Tafelberg estate is not compatible with the right to adequate housing in the ICESCR. The decision can be seen as a retrogressive measure that in principle is not allowed under the ICESCR. The arguments presented to the high court by the WCPG, cannot convincingly justify the adoption of such a retrogressive measure. The decision cannot be reconciled with the ICESCR's requirements that housing should be adequate and that priority should be given to vulnerable and disadvantages communities.

Grantor

Department of Public Law

Year dc:date.issued

2022

Author dc:creator

• Willems, Stijn

Advisor dc:contributor.advisor

• Barratt, Amanda

• Human Rights Law

Handle dc:identifier.uri

http://hdl.handle.net/11427/36951

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/36951