City barred from evicting Gate 7 residents without a court order

The City of Cape Town is prohibited from evicting residents at the Gate 7 site without a court order, according to a recent ruling by the Western Cape High Court. The demolitions of homes built on land near Maitland Cemetery occurred between October 23 and 25, 2026. The City claimed it was upholding a court order obtained by the Ndabeni Communal Property Trust.

Ndifuna Ukwazi Law Centre represented the residents, arguing that their application was filed on October 29, leading to the court's decision. The court ordered the City, City of Cape Town Law Enforcement, and Ndabeni Communal Property Trust to restore peaceful and undisturbed possession of the property at Wingfield Camp, 905 Voortrekker Road, Maitland, Cape Town, to the applicants immediately.

The residents were allowed to rebuild their informal structures, including shacks, tents, and similar dwellings. The court also barred the respondents from evicting the residents from the property, except through a duly obtained court order. The residents, comprising elderly individuals, young children, and a disabled child, were left without shelter for a week due to Law Enforcement's presence on the property to monitor them.

Ndifuna Ukwazi attorney Caitlin Turok expressed relief at the court's decision, emphasizing that such actions by law enforcement are a disturbing reminder of past forced removals and that the constitution must be upheld in a democratic country.