The Western Cape High Court has ruled that the City of Cape Town and other respondents must restore possession of the Gate 7 site to residents and allow them to rebuild structures demolished between 23 and 25 October 2026. The demolitions took place on land opposite Maitland Cemetery on Voortrekker Road, where residents had erected homes in recent months. The court order was obtained by residents through the Ndifuna Ukwazi Law Centre.
The City of Cape Town claimed it was enforcing a court order obtained by the Ndabeni Communal Property Trust. However, the court ruled that residents can rebuild their homes on the property. The court ordered the City of Cape Town, City of Cape Town Law Enforcement, and the Ndabeni Communal Property Trust to restore peaceful and undisturbed possession of the property to the applicants immediately.
The court also permitted the applicants to re-erect their informal structures that were demolished on the property, including shacks, tents, and other similar structures. The respondents were interdicted and restrained from evicting the applicants from the property, except in terms of an order of the court duly obtained. This ruling is a significant victory for the residents, who were left without roofs over their heads after the demolitions.
The residents' legal representative, Ndifuna Ukwazi attorney Caitlin Turok, expressed satisfaction with the court's decision. She stated that the outcome was a strong reminder to the City of Cape Town and law enforcement that they cannot take the law into their own hands and must obtain an eviction order to evict people. Turok also highlighted the vulnerability of the residents, including elderly persons, young children, and a disabled child.
The demolitions took place in October, leaving residents exposed to the elements. Turok described the situation as a disturbing reminder of the past, where people were forcibly removed from areas where they were not wanted. She emphasized the importance of upholding the constitution and the prevention of illegal eviction from unlawful occupation of land act.
The court's decision is a significant victory for the residents, who can now rebuild their homes and regain possession of the property. The ruling also serves as a reminder to the City of Cape Town and law enforcement of their obligations under the constitution. The City's actions were deemed unlawful, and the court has ensured that the residents' rights are protected.
The residents' case highlights the ongoing challenges faced by informal settlements in South Africa. The court's decision sets an important precedent for the protection of residents' rights in similar situations. The Ndifuna Ukwazi Law Centre's successful application has ensured that the residents of Gate 7 can rebuild their lives and homes.
Key points
- The Western Cape High Court has ruled in favor of Gate 7 residents, ordering the City of Cape Town to restore possession of the site and allow residents to rebuild demolished structures.
- The court's decision serves as a reminder to the City of Cape Town and law enforcement of their obligations under the constitution.
- The ruling sets an important precedent for the protection of residents' rights in similar situations.
