Knoflokskraal: Macpherson to seek court order stopping further land occupation

Minister Dean Macpherson of Public Works and Infrastructure announced on Monday that the government intends to seek a court order on October 19 to halt further land occupation and construction at Knoflokskraal, a state-owned site in the Western Cape. This application comes after six months of investigation and unsuccessful negotiations with the occupants.

The government has compiled a comprehensive affidavit of over 1,000 pages, detailing the occupation's history, prior court orders, engagement efforts, and evidence gathered during its investigation. The application will proceed in two parts: Part A seeks permission for substituted service, enabling the government to notify affected individuals through alternative means and grant them a chance to participate in the proceedings.

Part B, the main application, seeks four measures: containment of the occupation, enumerating residents, prohibiting unlawful conduct, and seeking police assistance to enforce court directives.

Macpherson clarified that containment does not imply eviction but rather freezing the situation to prevent further deterioration. The proposed containment order would prohibit new occupations, further construction, movement of building materials, and unlawful land sales or allocations. The government also aims to determine the number of households at Knoflokskraal, their arrival dates, socio-economic circumstances, and any vulnerabilities or cultural and heritage claims.

An independent social facilitator will oversee the enumeration process, adhering to the Protection of Personal Information Act. The application will also seek to prevent violence, threats, intimidation, unlawful land transactions, and the operation of parallel policing structures. The police will play a role in enforcing court orders and maintaining public order.

Macpherson emphasized that the government seeks a judicially supervised process to gather the necessary information from affected residents. Knoflokskraal comprises six state-owned farms covering approximately 2,000 hectares in the Elgin Valley near Grabouw, originally intended for forestry, job creation, and economic development. Occupations began during the COVID-19 lockdown in late 2020, with the number of structures increasing from about 382 in May 2021 to around 4,880 by August 2022.

The government has previously obtained containment orders for three properties, which remain in effect. Sheriff enforcement operations have removed structures from these areas, but the occupation has continued to grow. The government attempted to resolve the matter through community leadership structures and social facilitation, leading to a formal meeting on October 24, 2025. However, disagreements between competing community groups prevented a formal agreement.

The government then decided to communicate directly with residents, distributing over 600 pamphlets and establishing confidential communication channels. Despite this effort, resistance emerged, with a container set alight and a security officer allegedly assaulted during a deployment attempt. The government intends to hear the substantive application by a full bench in February 2027, providing affected residents with time to receive and consider the court papers, consult others, and secure legal representation.