Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Fort Hare to honour retired Justice Mbuyiseli Madlanga with honorary Doctor of Laws

September 20, 2026

Chief Justice Maya leads tributes to the late Judge Kgomo for a lifetime of judicial service

September 20, 2026

Madlanga Commission completes 174 days as inquiry amasses 131,634 pages of evidence

September 19, 2026
Facebook X (Twitter) Instagram
Trending
  • Fort Hare to honour retired Justice Mbuyiseli Madlanga with honorary Doctor of Laws
  • Chief Justice Maya leads tributes to the late Judge Kgomo for a lifetime of judicial service
  • Madlanga Commission completes 174 days as inquiry amasses 131,634 pages of evidence
  • Child’s burns expose Eskom’s legal duty to protect communities from dangerous power lines
  • Void or invalid body corporate meetings: CSOS remedies for sectional title disputes
  • While Ekurhuleni investigation continues, police probe other abduction and missing women cases
  • Father asks court to terminate mother’s parental rights so he and his wife can adopt child
  • Ex-Emfuleni CFO ordered to pay for calling supply chain manager corrupt on WhatsApp
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Clash of rights deepens as Western Cape High Court halts eviction of Isiqalo residents
Civil Law

Clash of rights deepens as Western Cape High Court halts eviction of Isiqalo residents

Court ruling exposes deep tensions between property rights and housing rights in South Africa 
Kennedy MudzuliBy Kennedy MudzuliAugust 20, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Residents of the Isiqalo settlement in the Western Cape face uncertainty as the High Court halts eviction, highlighting the clash between property and housing rights. Picture: X
Share
Facebook Twitter LinkedIn Pinterest Email
  • High Court ruling on Isiqalo settlement postpones eviction, spotlighting competing constitutional guarantees. 
  • Landowner’s property rights weighed against residents’ right to housing under Sections 25 and 26. 
  • Judgment raises urgent questions about government’s role in balancing rights amid worsening housing crisis. 

In a judgment that starkly illustrates the collision of rights in South Africa, the Western Cape High Court has ruled on the future of the Isiqalo informal settlement, where private property ownership and the desperate need for housing continue to collide. 

The case, brought by Robert Ross Demolishers (Pty) Ltd against the City of Cape Town and other state entities, has dragged on for more than a decade. On 19 August 2025, the court dismissed several of the landowner’s claims but did not grant an eviction order. Instead, it postponed proceedings, leaving the property owner without immediate remedy and the residents of Isiqalo facing ongoing uncertainty. 

At the heart of the case lies one of South Africa’s most difficult constitutional questions. Section 25 of the Constitution protects property rights, while Section 26 guarantees the right to housing. In practice, these two rights often collide, and the Isiqalo dispute has become a striking example of how the courts must navigate this delicate balance. 

When rights collide 

For the applicant, the matter was straightforward. Its property had been unlawfully occupied since 2012, and the state had failed to act to defend its constitutional right to ownership. For the residents, many of whom built their lives from scratch in Isiqalo, the matter was equally urgent. Their shelters, however modest, represented the only homes they had, and their hope was rooted in the constitutional promise of housing. 

The court noted that both sides had been let down. The landowner was left unprotected in its ownership, while the residents were left without meaningful alternatives for relocation. This dual failure placed the burden squarely on government, raising the question of whether the state is prioritising its constitutional duties or avoiding them altogether. 

The growth of Isiqalo 

Isiqalo began in April 2012 as a small occupation of Portion 20 of the Farm 787. Over the years it has evolved into a structured community with its own form of organisation and stability. Expert reports, including those by Professor Marie Huchzermeyer, described Isiqalo as a functioning settlement that reflected resilience in the face of poverty. 

For the property owner, the growth of the community has deepened the frustration. Each delay made eviction more complicated and each year entrenched the residents further on the land. Meanwhile, the City of Cape Town repeatedly argued that resource shortages prevented it from offering realistic housing alternatives, further weakening its legal stance. 

Searching for balance 

By postponing the eviction, the court signalled the impossibility of resolving the clash of rights without a wider and more decisive government response. It underlined that constitutional rights do not exist in isolation, and that in cases like Isiqalo they collide in ways that cannot be solved through litigation alone. 

The judgment leaves both the landowner and the residents in limbo, but more importantly, it casts a spotlight on the government’s failure to act decisively in tackling South Africa’s housing crisis. Unless stronger cooperation between different arms of state is achieved, and unless both property and housing rights are taken seriously, cases like Isiqalo will continue to surface as flashpoints of inequality. 

For now, Isiqalo remains both a home and a battleground, a settlement that embodies the unresolved tension between the right to property and the right to housing. 

Conviction.co.za    

Get your news on the go. Click here to follow the Conviction WhatsApp channel.     

Clash of Rights Constitutional Law housing rights Isiqalo Property rights
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Child’s burns expose Eskom’s legal duty to protect communities from dangerous power lines

September 19, 2026

Ex-Emfuleni CFO ordered to pay for calling supply chain manager corrupt on WhatsApp

September 18, 2026

Constitutional Court closes the door on RAF bid to exclude undocumented accident victims

September 16, 2026
Leave A Reply Cancel Reply

Prove your humanity: 9   +   1   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Special Reports
4 Mins Read

Fort Hare to honour retired Justice Mbuyiseli Madlanga with honorary Doctor of Laws

By Conviction Staff ReporterSeptember 20, 20264 Mins Read

A practical guide to the CSOS remedies available when body corporate meetings are improperly convened or resolutions are void or invalid.

Chief Justice Maya leads tributes to the late Judge Kgomo for a lifetime of judicial service

September 20, 2026

Madlanga Commission completes 174 days as inquiry amasses 131,634 pages of evidence

September 19, 2026

Child’s burns expose Eskom’s legal duty to protect communities from dangerous power lines

September 19, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

Sea Point building plans declared unlawful, but luxury apartment development will continue

September 9, 2026

NUMSA ordered to pay member R132,000 after abandoning Labour Court review

September 14, 2026

Suspended attorney ordered to secure LPC legal fees before review proceeds

September 16, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by