Press Release 30 January 2026
Ndifuna Ukwazi applauds the decision by the Western Cape Government Department of Infrastructure (WCDoI) to rescind the unlawful Notices to Vacate issued by the WCDoI to families in Naruna Estate, Plumstead.
This announcement, made to the families yesterday, is the direct result of the families’ steadfast resistance to intimidation and their insistence on being treated with dignity and in accordance with the law.
“Initiating eviction proceedings against long-term residents in breach of clear policy guidelines was an alarming overreach, showing a flagrant disregard of due process and the security of tenure for residents of provincially-owned council rental units,” said Inga Dyantyi, an attorney at Ndifuna Ukwazi’s Law Centre.
In 2025, the families approached Ndifuna Ukwazi’s Housing Clinic for assistance. Dyantyi’s intervention revealed a troubling pattern: families were instructed to vacate their homes on the basis of an alleged policy clause that could not be verified.
The WCDoI claimed the alleged clause stated that tenancy could not be transferred to adult children where the parent, who was the main tenant, had passed away. Both families who sought NU’s assistance had recently lost a parent, who was the main tenant. However, when the families requested a copy of this rental policy, a document crucial to their right to remain in their homes, their requests were refused.
Instead of providing clarity, the Department required families to submit a formal Promotion of Access to Information Act (PAIA) request for a copy of the rental policy. This bureaucratic hurdle served only to confuse and obstruct, rather than to inform or engage. Ndifuna Ukwazi Law Centre eventually came on record as attorneys for these families and submitted a PAIA request to obtain the rental policy in question.
When the PAIA request was eventually granted and the policy revealed, it became clear that the Western Cape Government had misinterpreted its own rules, as Ndifuna Ukwazi highlighted to both the WCDoI and the Western Cape Rental Housing Tribunal.
On Thursday, 29 January, those Notices to Vacate were rescinded, allowing the families to remain in their homes.
Multiple media reports on Naruna Estate indicate this case is not an isolated incident. The ordeal faced by the Fisher and Stroebel families has shed more light on systemic failures in state housing administration, including the use of eviction threats as a tactic, the absence of clear and accessible policy communication, and a failure to engage meaningfully with residents.
A representative of the Fisher family, Ms Afshaa Fisher, explained, “We were initially told by the Western Cape Government that tenancy could not be transferred to me as an adult child when my mother passed away and that I would have to leave my home of over 30 years; this turned out to be false and misleading. It is disheartening to see such misinformation used against families who have lived here for decades.”
Ndifuna Ukwazi notes that the withdrawal of the notices merely corrects an initial error which, if uncorrected, could have rendered vulnerable people homeless or relocated to less-resourced areas such as Pelican Park. The Department must now conduct a fair, transparent, and participatory eligibility assessment with the families.
Housing policies, particularly those determining succession of tenancy must be proactively disclosed and clearly explained to residents. The WCDoI cannot misuse administrative processes to bypass eviction applications, which have to be adjudicated by a court.
Ndifuna Ukwazi stands in solidarity with the Fisher and Stroebel families and will continue to support them in the next phases of this process. We encourage other families facing similar notices to come forward.
We call on the Western Cape Government to seize this opportunity to reevaluate its practices, train its officials in compassionate and lawful engagement, and ensure that the right to housing is upheld with the seriousness it deserves.
Note:
Ndifuna Ukwazi Housing Clinic will re-open on 17 February 2026.
We provide pro bono (free) legal advice on matters related to evictions, to everyone, regardless of their income. It is only for legal representation that a means test and other criteria apply. To book an appointment, send us a Whatsapp: 075 179 9202, call us: 0210125094 or email us: nulawcentre@nu.org.za. We are open for appointments only on Tuesdays and Wednesdays, from 9am to 3pm.
Important: Don’t wait until the last minute! If you have received an eviction notice or think your problem might end up in court, it’s best to get advice as early as possible.
Please note: we do not provide assistance for inheritance / estate related issues; We do not charge for our services; Our offices are in the Cape Town CBD (125 Buitengracht Street), although consultations may also take place over the phone.
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