City of Cape Town vows to oppose SAHRC interdict over 49 municipal properties - IOL

The City of Cape Town has vowed to “vigorously oppose” the South African Human Rights Commission (SAHRC) in the Western Cape High Court.

​This comes after the Commission filed an interdict against the City calling for the Western Cape High Court to rule the transfer of 49 municipal properties “unlawful” and “unconstitutional”.

​The development follows the City's announcement in February 2026 that it would sell a number of properties, including the iconic Good Hope Centre, by public auction.

​The Commission’s application, however, seeks to interdict the transfers, pending a review.

​The Commission contends that the City failed to comply with constitutional and statutory obligations concerning housing, spatial justice, public participation and the disposal of municipal assets.

In response, Cape Town Mayor Geordin Hill-Lewis said the application was “politicised” and the SAHRC was “behaving like a political party”.  

​In a statement, Hill-Lewis said: “This interdict attempt comes some six months after the SAHRC’s initial enquiries were addressed by the City.

​“It appears more like electioneering coming a week before elections, and many months or even years after these individual sites have been through extensive land release processes, including public participation. The SAHRC made no objections then, nor has it made any similar objections to land release in other cities.

​‘The SAHRC is behaving like a political party, not a credible Chapter 9 organisation. If they want to throw away their credibility trying to stop any policy differentiation that delivers better public outcomes in Cape Town, fine, but we will oppose them vigorously,’ said Mayor Hill-Lewis.

​“While the SAHRC claims its interdict application is affordable housing-related, the 49 sites do in fact include 28 residential-zoned properties to serve the local demand for housing in various areas, including Mitchells Plain, Maitland, Goodwood, Kraaifontein, Somerset West and Durbanville.

​He added that commercial and industrial opportunities were similarly available during the transparent public auction process and aimed at creating employment and economic activity in areas including Atlantis, Mitchells Plain, Delft and Parow.

The City defended its record on delivering affordable housing.

​It said that it had released 14 sites for affordable housing purposes - including six inner-city sites -  with a combined yield of 7 000 residential units, including 4 000 affordable housing units and 2 500 Social Housing units.

​It added: “A further 39 sites are in the release pipeline - including 11 in the CBD – with a 40 000-unit combined yield, including 21 000 affordable housing units and 1 500 social housing units.

​“This is aside from projects already completed and tenanted, including over 200 social rental units at the inner city’s Maitland Mews, over 1 000 units at Goodwood Station, and over 400 units at Bothasig Gardens.”

​The City said that in the last five years, its Human Settlements department has handed over 12 401 units to residents and maintains around 50 000 Council flats at the cost of R977 million rand a year without any state grant funding.