Five District Six families are facing another two months of uncertainty in their fight to remain in their historic Searle Street homes, after their Western Cape High Court appeal was postponed until next year.

The families, who have lived in six Victorian-era cottages for generations, picketed outside the court yesterday, calling for the removal to stop and their homes to be preserved, reports News24.

Their lawyer, Frankl Weber, said the matter had been postponed until January after an agreement was reached allowing the residents to file papers opposing the property owner, Etienne du Toit, seeking to have their appeal dismissed.

He said Du Toit had applied to have the appeal dismissed due to delays in obtaining the court transcripts required to pursue it.

The dispute dates back to September 2014, when Du Toit purchased the property from the Congregation of the Sisters of the Holy Cross for R2.45m. The residents subsequently challenged the sale, arguing that they had longstanding rights to occupy the cottages and should have been given an opportunity to purchase the property before the sale.

Despite several rounds of litigation, the property was eventually transferred into Du Toit’s name on 1 June 2022, nearly eight years after he bought it.

In November last year, the Cape Town Magistrate’s Court granted an eviction order requiring the families to vacate by 28 February 2026, with the sheriff authorised to execute the eviction on 6 March if they failed to leave.

The families subsequently lodged an appeal against the eviction order, seeking to have the magistrate’s decision overturned.

Du Toit has since sought to have the appeal declared lapsed, arguing that the residents failed to comply with procedural requirements and timeframes.

Full News24 report