The Western Cape High Court has ordered the City of Cape Town, City of Cape Town Law Enforcement, and the Ndabeni Communal Property Trust to immediately restore peaceful and undisturbed possession of Wingfield Camp at 905 Voortrekker Road, Maitland, to residents living in the Gate 7 informal settlement. This follows demolitions of informal structures between 23 and 25 October 2026.
The court ruled that the residents may re-erect their informal structures, including shacks and tents, and interdicted the City and other respondents from evicting the residents without a fresh eviction order duly obtained from the court. According to Ndifuna Ukwazi Law Centre, the residents brought the application on Thursday, 29 October 2026.
City of Cape Town officials had previously defended the removal of structures on 25 October, saying the land was privately owned and subject to an eviction order granted to the landowner. The site had been occupied since July 2026, marking it as a recurrent location for contested land occupation and legal disputes concerning evictions in Maitland.
Ndifuna Ukwazi attorney Caitlin Turok expressed relief at the ruling, saying, “I am very pleased to share the news that we won in the Western Cape High Court. My clients were left out in the cold for the last week.” She added that law enforcement officers were stationed on the property to prevent residents from erecting any form of shelter, stating, “Law enforcement was put on the property to stay there, to monitor my clients to ensure that they couldn’t even put a roof over their heads to protect them from the elements.”
Turok emphasised the significance of the ruling as a precedent for lawful eviction processes: “This case is a strong reminder to the City of Cape Town and to law enforcement that they cannot take the law into their own hands and that they have to go and get an eviction order to evict people.” She added they had sought a spoliation order against the City for demolishing the residents’ structures without judicial approval.
The Wingfield Camp area opposite Maitland Cemetery has been a focal point for multiple legal battles over land use, as confirmed by recent litigation reports. Although the City cited enforcement of a prior eviction order, the full contents and legal basis of that order remain unverified.
While the City maintains the land is privately owned and justified its demolition actions based on an eviction order, the court has now mandated that any eviction must follow due process with a valid court order. This decision underscores the legal protections afforded to residents of informal settlements and reinforces the requirement of judicial oversight in eviction matters in Cape Town.
Reports have not confirmed the total number of households affected or the individual identities of residents involved. The dispute over land ownership status remains contested in available reports.
Cape Flats News will monitor developments closely and provide updates as the City and residents respond to the court order.