Government heads to court over Knoflokskraal land occupation

CAPE TOWN - The government is moving to stop further occupation of state-owned land at Knoflokskraal in the Western Cape. 

Public Works Minister Dean Macpherson is preparing to approach the High Court in Cape Town to block further occupation of the site, located just off the N2 between Grabouw and Botrivier.

The land was originally earmarked for forestry, but members of the KhoiSan community moved onto the property in 2020.

The community maintains that the land belongs to their ancestors, arguing that establishing a village is an act of reclamation rather than an invasion.

Macpherson says the legal application will be supported by evidence gathered from residents and a comprehensive record of events at the site.

READ | Macpherson orders probe into state-owned properties

“We are approaching the court with evidence provided to us by people who live in 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."

The minister says the application will be submitted to the Western Cape High Court on 19 October.

Government will also seek an order allowing substituted service, which would call on all affected parties to come forward at a later stage, submit sworn accounts of their version of events, and have their positions considered through the judicial process.

Macpherson says the court papers will be made publicly available once submitted.

He stressed that the government's announcement is not intended to pre-empt the court process, but to allow the matter to be considered through the legal system.

Read more: Public Works weighing commercial options with government properties

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