South Africa returns to court over 2,000ha Knoflokskraal land occupation

The unlawful occupation of about 2,000 hectares of state-owned land at Knoflokskraal near Grabouw in the Western Cape is heading back to court as the government seeks a lasting solution, Public Works and Infrastructure Minister Dean Macpherson has said.

The disputed property consists of six state-owned farms under the custodianship of the Department of Public Works and Infrastructure (DPWI). Some of the land is allegedly being used for second homes, holiday properties listed on Airbnb and restaurants.

Macpherson said the department will submit an application to the Western Cape High Court next week. Part A seeks an order allowing the department to serve the application through various methods so that all affected parties have a reasonable opportunity to receive notice and attend the main hearing. Part B seeks to contain the occupation and prevent it from expanding further by barring new occupations, further construction, deliveries of building materials for new structures, and the unlawful sale or allocation of state land. He stressed that containment does not mean eviction.

The minister highlighted alleged illegal activities at Knoflokskraal, including illegal land sales, intimidation, drug-related activity, violence and the possible establishment of organised criminal operations. Whistleblowers provided information in June alleging that an organised system had been set up to subdivide state-owned land and fraudulently sell plots for about R1,500 each, and a further disclosure identified individuals, including community leaders, allegedly involved. Macpherson said there were also allegations that illegal levies were being collected as protection fees for the unlawful allocation of land, which he described as extortion. He said he submitted a formal criminal complaint affidavit to the South African Police Service in July.

According to Macpherson, the number of structures at Knoflokskraal increased from about 382 in May 2021 to 3,800 by February 2022 and about 4,880 by August 2022, despite court orders obtained in 2021 to contain the occupation of three of the properties. “These are not small one-bedroomed houses. These are three- and four-bedroom double-storey houses with beautiful finishes in them,” he said.

The land, which was unlawfully occupied during the Covid-19 lockdown in late 2020, was historically intended for forestry to promote job creation and economic development and remains strategic government property, he added.