Ndifuna Ukwazi represents Gate 7 residents to ensure City complies with the law and that no one is evicted without a court order

For immediate release: 11 November 2026

Ndifuna Ukwazi (NU) notes with concern continuous allegations by the City of Cape Town (City) that NU encouraged the unlawful occupation of Gate 7 and attempts to use the interim relief granted to our clients to assist others to occupy the property. To the contrary, it is the City that has acted unlawfully by evicting people without any lawful authority to do so.

NU acts for 38 residents of Gate 7 on the Ndabeni Trust land. The Applicants seek relief in the Western Cape High Court to be allowed to rebuild their structures that were unlawfully demolished by the City. NU’s involvement is to ensure that the occupiers (who were already there) are not evicted without a court order, that they are granted relief to rebuild and that the City, just like everyone else, complies with the law.

On 23 October 2026, the City of Cape Town’s Law Enforcement demolished Gate 7 residents’ homes without a court order, making the eviction unlawful as there was no legal authority. 6 residents then approached NU Law Centre whereby NU launched a spoliation application on an urgent basis asking for interim relief that the 6 applicants be permitted to rebuild their unlawfully demolished homes and on the return date of the rule nisi, that this relief be made final. The High Court granted the 6 Applicants this interim relief on 31 October 2026 and the Court permitted the 6 Applicants to rebuild. Despite this small justice, it took 3 days for the Applicants to be allowed to rebuild as the City prevented them from doing so until an attorney from NU attended at the property to meet with a representative of the City to ensure her clients could rebuild.

Thereafter, 32 other residents (who experienced the same demolition on 23 October 2026) approached NU Law Centre. As a result, NU approached the High Court today, 11 November 2026 to try to get the same interim relief for these Applicants.

No one may be evicted without a court order after considering all of the relevant circumstances to ensure any order made would be just and equitable. Gate 7 residents are no different. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the PIE Act) protects all people from unlawful eviction, demolition and displacement, and the law must apply equally to all South Africans, rich or poor. Lawful occupiers or unlawful occupiers. The City must also comply with the rule of law, just like everyone else.

Caitlin Turok, attorney at NU, said:
“Ndifuna Ukwazi’s involvement in this matter is to ensure that the City of Cape Town does not take the law into its own hands by evicting people or demolishing their homes without the necessary legal authority. Section 26(3) of the Constitution, read with the PIE Act, prohibits the eviction of unlawful occupiers without a court order. Should the City or the Ndabeni Trust wish to evict the occupiers, there are appropriate legal remedies for that. Our gripe is that these lawful remedies were not pursued, and instead, the City took the law into its own hands with complete disregard for our clients’ rights.”

NU respects the rights of legitimate land restitution beneficiaries. Those rights and the rights of the Gate 7 residents are not in competition and the court is the proper place to resolve any dispute between them.

Evicting unlawful occupiers without a court order does nothing to address the very reasons why they are occupying in the first place. Gate 7 is around 10km from the CBD, and therefore close to transport hubs and economic opportunities. Unlawful occupations near the CBD show that there is a dire need for well-located affordable housing. NU advocates for the release of well-located land for affordable housing close to social amenities and jobs.

Demolishing people’s homes because the City did not consider them to be proper structures, as they say in their court papers, is a troubling way to treat the most vulnerable among us. These people deserve the protection of the law, just like everyone else.

The City of Cape Town must build transitional, social and affordable housing in well-located areas instead of acting unlawfully against its own residents. As an organ of state, it should respect the rights of all people, rich or poor, and at the very least, comply with the rule of law.

Ends

Notes to editors

NU represents 38 residents of Gate 7.
The matter was heard before the Western Cape High Court, Cape Town, on Friday 30 October 2026 and on Wednesday 11 November 2026.
Judge Mayosi, who heard the application for the further 32 Applicants today, has said that she will deliver her decision in this matter by 14:15 tomorrow, 12 November 2026.

Ndifuna Ukwazi represents Gate 7 residents to ensure City complies with the law and that no one is evicted without a court order

Notes to editors

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