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Human Rights Commission goes to court to stop Cape Town land sales

Published

The South African Human Rights Commission wants the Western Cape High Court to block the City of Cape Town from selling 49 municipal properties to private buyers. It argues the land could help people get housing.

The commission asked the court for an interim interdict that would halt the city's disposal of the properties. It says the land is a public resource. The application is set down for hearing on 15 December 2026, unless the respondents say they will oppose it.

In its affidavit, the commission said the city failed to consider properly its constitutional and statutory duties on housing. It said the city treated the properties mainly as commercial assets that it could sell. The commission also said the city's reply did not address its concerns.

The commission met the executive mayor on 20 February 2026. The affidavit records that the mayor confirmed the auction would carry no formal conditions requiring buyers to build affordable or social housing. It also records the mayor as saying the city lacks the money to deliver affordable housing, while the private sector has the means.

Key facts

Who
South African Human Rights Commission (applicant, approached the high court to stop the land sales); City of Cape Town (respondent, municipality selling 49 properties)
What
The SAHRC has asked the high court for an interim interdict halting the city's disposal of 49 municipal properties, arguing the land is a public resource that could advance housing access. The application is set down for hearing on December 15 2026, unless the respondents indicate they intend to oppose it.
When
8 November 2026
Where
Cape Town, Western Cape
Status
Reported

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