The Western Cape High Court has granted an interim order allowing 32 applicants to erect shacks on the Ndabeni Community Trust property at the so-called Gate 7 settlement in Kensington, Cape Town.

The order, which remains in place until 26 November, follows a dispute over the eviction of more than 30 people occupying the land and the ongoing legal battle involving housing rights and land occupation.

Under the interim order, each of the 32 applicants is permitted to erect only one structure. They are also required to present themselves to the City of Cape Town and the South African Police Service as soon as possible and rebuild their structures in the presence of city officials and police.

The order does not prevent the City from taking action against any new land invasions involving people who are not among the 32 applicants.

The disputed property has been the subject of previous court proceedings and eviction orders. A previous ruling allowed six shacks to be reinstated, but Kensington residents raised concerns that others had allegedly sought to take advantage of the order, with additional people arriving to build structures on the land.

Meanwhile, Kensington/Factreton Ratepayers Association chairperson Leslie Swarts has criticised Ndifuna Ukwazi’s approach to the eviction, saying insufficient consideration was given to the impact on surrounding residents.

The latest ruling comes amid ongoing tensions over land occupation, eviction proceedings and access to housing in Cape Town.