Public Works and Infrastructure Minister Dean Macpherson says government is preparing to approach the Western Cape High Court to halt the further expansion of the occupation of Knoflokskraal, a 2 000-hectare tract of State-owned land in the Elgin Valley near Grabouw.
The application, which is expected to be submitted on 19 October, follows six months of preparation, investigations and engagements aimed at establishing the circumstances surrounding the occupation and determining the steps required to restore the rule of law.
Knoflokskraal was reportedly unlawfully occupied in 2020 during the COVID-19 pandemic. It is now said to have grown to over 4 000 structures, housing an estimated 15 000 to 20 000 people.
Addressing a media briefing in Cape Town on Tuesday, Macpherson said the department had compiled an affidavit of more than 1 000 pages, including annexures and supporting documents containing evidence of alleged criminality and the sale of land at Knoflokskraal.
“That work has resulted in an extensive affidavit of more than 1 000 pages, including annexures and supporting documentation containing evidence of criminality and the sale of land at Knoflokskraal,” Macpherson said.
He described the dossier as an unprecedented body of work for the department, providing insight into developments at the site and the circumstances surrounding the occupation.
“In many respects, this is unprecedented in the history of the Department of Public Works and Infrastructure, and in any attempt to use litigation to restore the rule of law over illegally occupied land in South Africa,” he said.
Background to the occupation
Knoflokskraal comprises six State-owned farms covering approximately 2 000 hectares. The land falls under the custodianship of the Department of Public Works and Infrastructure and was historically intended for forestry to support job creation and economic development in the region.
Macpherson said the land remains strategic government property intended to support forestry, investment and employment.
The evidence compiled by the department sets out the history of the occupation, previous court orders, government's attempts to engage with those involved, the failed Social Compact process and direct engagements with residents.
It also includes information received from whistleblowers, allegations of criminality and details of steps taken by government in response to developments at the site.
Macpherson said the department had also received evidence from people living at Knoflokskraal.
“We are, therefore, approaching the court with facts in defence of the rule of law. We are approaching the court with a comprehensive documentary record of what has happened at Knoflokskraal, what government has attempted to do, what has failed, what has subsequently been uncovered by investigation and what we believe is required to restore the rule of law,” he said.
What government is asking the court to do
The department intends to seek an order preventing the occupation from expanding across the six erven that make up Knoflokskraal.
This would include stopping new occupations, further construction, the movement of building materials onto the site for new structures, and the unlawful sale or allocation of State land.
Macpherson said government also needed to establish who was living at Knoflokskraal, how households were constituted, when people arrived and their socio-economic circumstances.
The department would further seek to understand any vulnerabilities among residents and establish whether cultural or heritage claims were being advanced.
“There are potentially thousands of people involved, with many people having second homes at Knoflokskraal, similar to holiday homes, while residing in Cape Town,” he said.
How the legal process will unfold
Macpherson said the first part of the application, known as Part A, would ask the court to authorise substituted service, allowing the legal papers to be served through alternative methods.
The aim is to ensure that all affected persons have a reasonable opportunity to receive notice of the proceedings and participate in the legal process.
The proposed order would call on affected persons to come forward at a later date, place their versions of events before the court under oath and have their positions considered through the judicial process.
Once the application has been submitted, the court papers will be publicly accessible to interested parties.
Macpherson said the department is approaching the court because government is constitutionally required to act lawfully.
“It is about explaining to the public why we have reached this point, what has happened over the past six months, and what we are asking the court to do,” he said.
The legal action is intended to establish a court-supervised process to address the occupation, prevent its further expansion and ensure that the circumstances of affected people are considered. – SAnews.gov.za
