A temporary court order has allowed members of the Matthews and Thebus families to return to a Constantia property they describe as ancestral land. However, the Constantia ancestral land dispute intensified after the roof of an old cottage at 2133 Pagasvlei Farm was removed on Monday, 20 July 2026.
The family now plans to pursue a heritage complaint, while a man identified as the property owner says the building posed a safety risk.
Temporary Order Restores Family Access
The Wynberg Magistrate’s Court granted a temporary rule nisi in favour of Subeiga Benjamin, who represents the Matthews and Thebus families. The Cape Argus reported that 25 relatives, including five minors, were removed from the property on 11 July after police asked them to provide proof of ownership.
The order allowed the family to return while the dispute continues. It did not finally determine ownership. The respondents must still receive an opportunity to argue why the temporary order should not become final.
The Constantia ancestral land dispute escalated when workers removed the cottage roof days after the order. Police attended the property and asked that work stop pending further court proceedings, according to the Cape Argus.
Heritage Concerns Raised After Roof Removal
The cottages are reported to be more than 60 years old. Section 34 of the National Heritage Resources Act states that a person may not alter or demolish a structure older than 60 years without a permit from the relevant provincial heritage authority.
Human rights defender Tauriq Jenkins said Heritage Western Cape had confirmed that no valid permit existed for the work. He also said the authority rejected a demolition application involving the property in 2015 because of the site’s contextual value. Heritage Western Cape had not issued a public response by the time of the Cape Argus report.
Owner Cites Safety Concerns
A man identified by the newspaper as Michael Harris, linked to the Richard Harris Family Trust, said the cottage had stood empty for 10 years and contained mould. “We are worried about the roof collapsing,” he said, adding that he intended to seek legal advice about the court order.
Benjamin said the family’s claim rests on its history at the farm and its connection to a common ancestor. GOOD Party councillor Suzette Little said the case also reflected wider unresolved land restitution concerns in Cape Town.
Police spokesperson Ndakhe Gwala earlier said the complainants chose not to pursue a criminal case after the 11 July incident. No arrests were made, although police opened an enquiry docket. The court must still consider further evidence and arguments before deciding whether to make the temporary order final.