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South Africa’s Court Prioritizes Inclusive Cities Ahead of Local Elections

businessday.co.za · 15 July 2026
South Africa’s Court Prioritizes Inclusive Cities Ahead of Local Elections
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The South African Constitutional Court ruled that the City of Cape Town violated its constitutional duty by selling public land to a private entity instead of considering it for affordable housing. The court emphasized that location is essential for accessing adequate housing and that prioritizing cheaper, peripheral development reinforces apartheid-era segregation.

This ruling arrives as South African cities continue to grow, placing strain on infrastructure and highlighting weaknesses in urban planning, particularly regarding densification. The court’s decision echoes questions raised by urban planners about truly “sharing” a city and ensuring resources dismantle historical inequalities.

The judgment is expected to significantly impact urban policy and potentially shift the political landscape as South Africa prepares for local elections in under four months. Voters will be looking for candidates who prioritize equitable access to urban spaces and address the legacy of spatial apartheid.

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