The City of Cape Town is digging in its heels over providing information to Cooperative Governance and Traditional Affairs (Cogta) Minister Velenkosini Hlabisa on the disposal of land to an independent no-fee school.
This emerged in a written response by Hlabisa to parliamentary questions from ANC MP Nombiselo Sompa-Masiu, who asked whether Cogta's mandate included overseeing the disposal of land by municipalities.
She noted that the City of Cape Town published a notice proposing the disposal of approximately 5.6 hectares of municipal land in Strandfontein for educational and social-care purposes to Christel House South Africa which she claimed has been publicly supported by the Western Cape Education Department, Wesgro and the Edu Invest initiative.
Parliamentary questions seek clarity on proposed land sale
Sompa-Masiu asked when Hlabisa would furnish her with the complete chronology of the proposed transaction from inception.
She also wanted information about meetings, presentations, correspondence and engagements relating to the proposed disposal involving the City’s mayor, mayoral committee members, municipal officials, the Western Cape government, the Western Cape Education Department, Wesgro, Edu Invest and Christel House South Africa.
The parliamentary questions came amid the South African Human Rights Commission’s announcement that it had lodged an application in the Western Cape High Court to interdict the City of Cape Town in the transfer of 49 municipal properties, pending a review application.
Minister says City is responsible for the transaction
In his response, Hlabisa said the disposal of municipal capital assets is governed principally by the Municipal Finance Management Act (MFMA) and that a municipality may not permanently dispose of a capital asset needed to provide the minimum level of basic municipal services.
“Where an asset may lawfully be disposed of, the municipal council must make the determinations required by section 14(2), including consideration of the asset's fair market value and the economic and community value to be received in exchange. Any transfer contemplated in section 14 must also comply with the requirements of fairness, equity, transparency and competitiveness prescribed by the Act.”
Hlabisa also said he did not approve individual municipal property-disposal transactions. “National and provincial governments nevertheless exercise their respective constitutional and statutory support, monitoring and oversight responsibilities in relation to local government,” he said.
Hlabisa further said he has no direct decision-making role in the proposed disposal of land to Christel House South Africa.
“Responsibility for determining whether the property may be disposed of, and on what terms, rests with the City of Cape Town Metropolitan Municipality in accordance with the MFMA and other applicable legislation.”
The information about the transaction was held principally by the City of Cape Town and, in certain matters referred to in the question, by the Western Cape Government and other entities.
City disputes request for information
Hlabisa stated that Cogta had referred the question to the City of Cape Town through the Western Cape Department of Local Government to obtain the information necessary for a complete parliamentary reply.
“In a letter dated 16 October 2026, the City Manager declined to provide a response, contending that the question did not comply with Rule 134(5)(b) of the Rules of the National Assembly because the disposal of land is a municipal function,” he said.
The minister said Cogta will, through the local government MEC Anton Bredell, request that the City reconsider its position and furnish the information held in its records that is necessary to respond to the question.
Hlabisa noted that there was no adverse inference drawn concerning the proposed transaction from the matters raised by Sompa-Masiu.
“Should information subsequently received provide grounds for further action under the applicable local-government legislative framework, the matter will be considered by the appropriate authority in accordance with that framework,” he added.
No comment was obtained from Sompa-Masiu.
The City's spokesperson Luthando Tyhalibongo said a parliamentary question can only be asked to a minister about information held by him or his department.
Public participation completed as proposal undergoes legal review
"The question by the MP to the Cogta minister falls outside the rules and practice and should not have been referred to the City," Tyhalibongo said.
He added that the City is accountable to its councillors, not MPs.
"This was a parliamentary question in terms of the National Assembly rules and was dealt with accordingly."
Although the City was sent the question via the provincial Cogta department, Tyhalibongo maintained that the City has not received a formal request via inter-governmental protocols that are in place.
City says proposal would support education access
"Parliamentary questions are a mechanism of Parliament to hold ministers accountable, not a co-operative governance mechanism."
Tyhalibongo added that the public participation process related to the proposed sale of the expansion of Christel House South has been concluded.
"The comments, objections and alternative proposals received during the public participation process have been assessed and considered," he said.
"The matter is currently undergoing legal review as part of the City’s internal due process. Once completed, the matter will be considered by the relevant decision-making authorities to determine the outcome of the proposal," added Tyhalibongo.
The City had in a statement issued in August, when it called for public comment, described the proposed sale as representing an opportunity to put a significant municipal asset to productive use while supporting greater access to quality education for children and young people in an underserved community.