The Supreme Court of Appeals has been criticized for upholding Cape Town’s apartheid spatial planning.

The Good party believes the SCA has erred in the Tafelberg case in terms of failing to be guided by the Constitutional Court’s preference. According to Good this is to afford claimants the fullest protection of their constitutional guarantees instead of a merely textual or legalistic one.

It says the SCA appears to have been convinced by an array of the Western Cape government and City of Cape Town’s policies and plans to address apartheid planning – without considering whether they are in fact implemented.

Tafelberg is public owned land in Sea Point which the provincial government has sold for R135million to a private school. Housing activists have argued that the site should be used for affordable social housing.