30 September 2026
People living in these informal homes erected on Transnet land in Woodstock, Cape Town, say they have been living there for more than a decade. Archive photo: Matthew Hirsch
More than 160 people living on Transnet-owned land alongside the N1 in Woodstock and Salt River have lost their application for leave to appeal their eviction.
In July, the occupiers were ordered by Judge ED Wille of the Western Cape High Court to vacate the land by Wednesday, 30 September. Represented by Ndifuna Ukwazi, they applied for leave to appeal. On Monday, Wille turned down their request for leave to appeal.
The occupiers argued that evicting people without emergency accommodation is unlawful, particularly in a large eviction. The eviction order applied to 161 people.
Judge Wille disagreed. He said alternative accommodation is an important factor, but the law does not make it a precondition for eviction.
The judge said the occupiers had not provided enough evidence that they would be homeless if they were evicted. 
Wille said 106 of the occupiers had filed affidavits, and not one of these said that eviction would leave the person homeless. The occupiers relied mostly on a spokesperson’s affidavit, which the judge said was hearsay and in places contradicted the other affidavits.
“The occupiers filed what can only be described as vanilla standard-form affidavits,” Wille said.
Wille also stood by his finding that the site was being used for criminal activity. The City of Cape Town had shown crime statistics to support this and also alleged that tunnels under the property were used to store drugs and stolen goods.
The City argued in the initial proceedings that the occupation was a crime hot spot and that, over a period of eight months, there were more than 100 attacks on cyclists, including 27 armed robberies.
Wille made no order as to costs.
When GroundUp visited the site in July, residents said they were not responsible for crime in the area.
Zamuxolo Gulwa, an attorney at Ndifuna Ukwazi Law Centre, told GroundUp that they would study the judgment, consult with clients, and discuss their legal options.
Ward councillor Ian McMahon (DA) said he was following the case closely and planned to report back to the community.
“Whilst no one should celebrate any eviction, the issues raised in the judgment regarding the criminality linked to that area need to end for the residents of Woodstock, as well as commuters who use that corridor,” said McMahon.