The Constitutional Court ruling in the Charnell Commando & Others v City of Cape Town case is a seismic moment for Cape Town—a victory for the people of Woodstock, Salt River, and beyond.
This judgment not only vindicates the Bromwell families’ fight for justice but also exposes the cold, calculated betrayal of Cape Town’s poor by the Democratic Alliance (DA)-led City administration.
At its core, this case represents the ongoing displacement of working-class communities under the guise of gentrification. The Constitutional Court laid bare the DA’s hypocrisy and disregard for the Constitution, condemning the City’s unconstitutional and unreasonable policies.
The DA’s War on the Poor, Sies!
Shame on you, Mayor Geordin Hill-Lewis. Under your administration, the City of Cape Town has become a fortress of exclusion, designed to benefit private developers and the wealthy elite while shutting out the poor.Here’s the unfiltered truth about the DA’s failures:
• A Legacy of Neglect: The City has failed to provide emergency housing in inner-city areas like Woodstock and Salt River, perpetuating the apartheid-era spatial divide. Poor communities remain locked out of opportunities while wealth accumulates in the hands of a privileged few.
• Gentrification as Policy: The City actively promotes gentrification through tax incentives for developers. These policies systematically displace long-standing residents, offering no meaningful alternatives.
• Wasteful Spending: Over R10 million of taxpayers’ money has been wasted on legal battles to defend the City’s indefensible housing policies. This is money that could have built homes, alleviated poverty, or addressed the inequalities entrenched by apartheid. Don’t forget the more than R2 billion in unspent housing and infrastructure grants, further evidence of the City’s gross mismanagement.
• Criminalizing Poverty: From the Strandfontein relocation camp debacle during COVID-19 to punitive fines against the homeless, the City of Cape Town has treated its most vulnerable residents like criminals. These are not isolated incidents but part of a broader pattern of neglect and cruelty.
A Wake-Up Call
The Constitutional Court’s ruling is a stinging rebuke of the City’s housing policies.
Key aspects of the judgment include:
1. Inner-City Exclusion Declared Unconstitutional: The City’s refusal to provide emergency housing in Woodstock, Salt River, and the Inner-City Precinct has been condemned as unreasonable and unconstitutional.
2. Failure to Uphold Constitutional Obligations: The City failed to develop a Temporary Emergency Accommodation Policy consistent with its constitutional mandate.
3. Accountability Enforced: The City has been ordered to provide the Bromwell families with emergency or transitional housing in their current neighbourhoods and cannot evict them until this is done.
4. Spatial Apartheid Highlighted: The judgment recognized that the City’s policies reinforce apartheid’s legacy by excluding the poor from urban areas.A System That Fails the Poor.
This case is not just about the Bromwell families; it is a damning indictment of a broader system that routinely fails Cape Town’s poor.
For eight years, these families faced displacement, indignity, and relentless legal battles. And they are not alone.From the forced removal of the homeless during COVID-19 to the City’s ongoing harassment of marginalized communities, Cape Town’s most vulnerable residents have been abandoned.
Wa was jy? Where were the activists, academics, and political leaders when these families needed them? Where was the outrage from Cape Town’s middle class, who enjoy the benefits of gentrification while ignoring its human cost? A Victory for the PeopleDespite overwhelming odds, the Bromwell families refused to back down.
Their victory is a testament to the power of resilience and solidarity. It is also a tribute to the relentless advocacy of Disha Govender and the Ndifuna Ukwazi Law Centre.Govender’s leadership has not only secured justice for the Bromwell families but set a precedent that will benefit countless others.
As Govender rightly stated:“This judgment is a victory not only for our clients but for the broader fight for equitable access to land and housing. The people of Woodstock and Salt River are showing us the way, demanding that the constitutional promises of equality, dignity, and justice be made real.”
A Call to Action
This judgment is a wake-up call for all of us. It is not enough to celebrate this victory; we must act to ensure systemic change.
The City of Cape Town must:
• Develop Inclusive Policies: Act immediately to comply with the Court’s directive and prioritize the needs of vulnerable communities in its housing policies.
• Address Spatial Apartheid: Take meaningful steps to integrate the inner city, ensuring access to housing, schools, and jobs for all residents.
• Engage Communities: Commit to genuine consultations with affected communities to co-create dignified solutions.But this fight cannot be left to the courts or the victims alone. It requires all of us—activists, academics, political leaders, and ordinary citizens—to stand together and demand accountability from those in power.
The Time for Change is Now
Cape Town, skrik wakker! The Bromwell judgment is a victory for the people, but it also exposes how far we still have to go.
The DA-led City of Cape Town has failed its most vulnerable residents, and it is up to us to hold them accountable.As Capetonians, we must decide what kind of city we want to live in. One that caters to the elite few?
Or one that embodies the constitutional values of equality, dignity, and justice?The time for complacency is over. This judgment is a rallying cry for change—a call to action for all who believe in a fair and just society.
Together, we can build a Cape Town that truly belongs to everyone.The people shall and must govern.
** Faiez Jacobs is a Concerned Capetonian.
** The views expressed herein are not necessarily those of Independent Media/IOL.