Cape Town - Thousands of women who have been discriminated against by the City of Cape Town’s housing allocation policy, which failed to recognise them as equal co-purchasers because they were not breadwinners have been vindicated by a high court ruling.
The City’s housing allocation policy, known as the “Housing Scheme Constructed by the Local Authority”, was found to be unconstitutional and an order has been made for the City to change the policy.
Thabo Ramphobole, spokesperson for the Legal Resources Centre, which represented applicant Gadija Abdullah, said they were satisfied with the judgment.
“The judgment goes further than providing relief for our client. It will ensure that, potentially, thousands of other women who were unjustifiably excluded from the City of Cape Town’s housing policy can now benefit from it, as they should have from the beginning,” said Ramphobole.
The Women’s Legal Centre (WLC) celebrated the victory of Abdullah - a divorcee - who had applied for a housing subsidy but did not qualify as per the criteria.
“The order gives notice to all women who are beneficiaries of housing under the policy and who have been discriminated against in terms of their rights as co-owners and provides an opportunity for any affected party who may wish to oppose the relief to do so by February 14 2023,” said WLC.
Meanwhile, the City said it was pleased to have obtained the interim order “in relation to historical sale agreements of City housing stock concluded in accordance with a former national government housing allocation policy”.
“It must be noted the City has its own Housing Allocation Policy and it is separate to the now-repealed national government housing allocation policy.
“The national policy was implemented by erstwhile local authorities prior to the establishment of the City of Cape Town Municipality in September 2000. It bears reiteration that the City itself at no stage allocated housing to beneficiaries in terms of the erstwhile policy.
“Under a now-repealed national housing allocation policy known as the 'Housing Scheme Constructed by the Local Authority', former local authorities concluded sale agreements with married male beneficiaries which did not reflect female spouses as co-purchasers at the date of allocation,” a statement by the City read.
Mayco member for Human Settlements said the City aimed to “correct” the now-repealed policy and that the remaining historic sale agreements that have not reached transfer stage would reflect both the male and female spouses as co-purchasers in equal shares of the property.
“The City estimates this may affect up to 12 000 remaining beneficiaries of these housing units. It therefore submitted a proposal to the court on how to provide notice to the contracting parties, and which includes a public media campaign informing the affected beneficiaries of the amendment to the contracts,” said Booi.
Cape Times