Ndifuna Ukwazi’s (NU) latest legal battle with the City has ended in victory for the housing advocacy group, with some families now able to rebuild at the Gate 7 informal settlement in the Kensington/Maitland region.

At the end of October, City law enforcement authorities prevented what it called a “land invasion” on the erf owned by the Ndabeni Trust along Voortrekker Road.

READ MORE: Ndifuna Ukwazi & City remain at odds over Gate 7, both threaten legal action – Smile 90.4FM

While the City says this was in the interest of preventing a land grab, Ndifuna Ukwazi argued that their action contravened a court order allowing residents to rebuild their shacks.

NU said the matter stems from the City’s law enforcement authorities demolishing homes at the informal settlement on 23 October. The group’s Law Centre launched an urgent spoliation application on behalf of six affected residents, and the Western Cape High Court granted interim relief on 31 October 2026, allowing them to rebuild.

“Even with the order in place, the City prevented the six from rebuilding for three days. They could only start after an NU attorney attended the property and met a City representative,” read NU’s statement on the matter.

The affected applicants returned to court on 11 November seeking the same relief as following the 23 October incident.

Then, when the matter returned to the High Court on Thursday, a judge ruled that the 32 applicants could rebuild their homes.

“A home means dignity, belonging and security. Stripping people of their homes unlawfully, with no alternative accommodation, is an injustice and a violation of their human rights. NU calls on the City of Cape Town to build transitional, social and affordable housing in well-located areas instead of acting unlawfully against its own residents,” said NU legal representative, Caitlin Turok.

Ward councillor Ashwin Jansen was also at the court, noting that the outcome was disappointing, but that it has several conditions that the applicants must abide by.

“The first one is that the 32 individuals have to identify themselves to the South African Police Service as well as to the City’s law enforcement services. Secondly, only one structure is allowed to be built… Thirdly, this is not an opportunity for additional individuals to be able to build,” said Jansen, adding that any other structures built outside of those for the 32 applicants can be demolished.

Jansen noted that this matter will continue in court on 26 November, as it relates to the restitution agreement for the Ndabeni Trust being implemented.

“The South African Defence Force needs to put up a perimeter wall on the said land. Secondly, Public Works, Home Affairs needs to intervene and assist where possible. The application for the 26th of November is to ensure that the restitution agreement is implemented and that all the various organs of state effectively implement their portions,” he said.