Victory for housing rights as High Court halts eviction of elderly resident in District Six

The Western Cape High Court delivered a landmark judgment, dismissing an eviction application against a 78-year-old woman. The court characterized the application as "opportunistic," "disingenuous," and ultimately "unlawful."

According to housing rights activists and law group, Ndifuna Ukwazi, Noor-Banu Allie lives on a street in District Six that is among the few remnants to have survived the demolitions under the Group Areas Act.

Crucially, she has a pending land claim for a family home that the Apartheid regime destroyed. This land claim is currently stalled in the second round of applications. The first round had not been finalized, leading to the creation of the second round by an Act of Parliament in 2014. However, the Constitutional Court later declared this second round unconstitutional in the 2016 LAMOSA judgment (Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others (CCT40/15) [2016] ZACC 22; 2016 (5) SA 635 (CC); 2016 (10) BCLR 1277 (CC) (28 July 2016).

According to court papers shared with the Cape Argus, the case deals with powerful historical context in District Six and applicant, Allie, who appealed an eviction order granted to a developer, referred to as respondent one, representing a development company and the city, as respondent two. The court papers cite that Allie, who had survived apartheid-era forced removals, was being evicted for "renovations." The court found the First Respondent's cancellation of her lease was legally flawed and opportunistic, failing to meet the requirements of the Rental Housing Act's Unfair Practice Regulations.

It states that furthermore, the Magistrate's Court failed to adequately consider Allie's personal circumstances. The papers state that Allie's limited income, her chronic medical conditions, and her deep historical and community ties to District Six were disregarded. Her exhaustive attempts to secure alternative accommodation including pursuing unsuitable social housing options recommended by the City of Cape Town and finding the private rental market unaffordable—demonstrated a real risk of homelessness, a fact the lower court failed to appreciate, exhibiting "unfounded cynicism."

It further states that the magistrate was also wrong to dismiss the relevance of Allie's failed land restitution attempts and her wish to remain in her lifelong community.

The High Court set aside the eviction order, ruling that the First Respondent failed to establish a lawful basis for the lease termination and that the eviction was not just and equitable, especially considering the historical injustice of forced removals in District Six. The appeal was dismissed with costs against the eviction applicant.

The first respondent, according to Ndifuna Ukwazi's legal team, did not file any appeal documents as he did not oppose the appeal brought by Allie.

In a statement shared with Cape Argus, Ndifuna Ukwazi said it was a victory: In Ms Allie's case, an eviction was granted in the Magistrates Court and taken on appeal to the High Court. The property manager, Waleed Ras, did not oppose nor appear at the High Court hearing. The matter was heard and ruled on by Saldhana AJ, with Mapoma AJ concurring.

“Well-located affordable housing continues to dwindle in Cape Town, while the number of available homes increases in rent and caters to tourist markets by offering fully furnished lets. The ‘State of the Cape Town Central City 2024’ Report states that, “By mid-August 2025, there were a total of 193 apartments listed on Property24.com as available for rent in the Central City. While this is higher than the 84 units listed at the end of 2023, it is still lower than the 217 units listed at the end of 2021 and the 475 units at the end of 2020. The majority (140 units or 72%) were listed as furnished, with 53 units unfurnished.

In response to the outcome, Allie said, “I don’t know if I will live to see my family home restituted, but for now I’m very grateful that I can remain in my home, that is still in District Six.”

Attorney for Allie, Inga Dyantyi of Ndifuna Ukwazi, said: “Ms Allie’s case highlights both the failure of the land reform programme and the failure of the City to give meaning to the right to housing. Ms Allie has been waiting for restitution of the home that she was forcibly removed from in District Six for decades. She has also been on the housing waiting list for over a decade, and now, at the age of 78, she has been forced to resist a market-driven unlawful eviction that would have rendered her homeless and displaced. Ms Allie’s fight exemplifies the urgent need to redress historical dispossession and the urgent need for well-located, affordable housing.”

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