Public works & infrastructure minister Dean Macpherson has announced that his department is preparing to go to court as part of efforts to regain control of state-owned land at Knoflokskraal, a large unlawful settlement near Grabouw, Western Cape, that has grown rapidly since its initial occupation in 2020.
Macpherson said the state would rely on court processes to strengthen enforcement, including reinforcing existing containment orders and preventing further expansion. Similar legal approaches in other land invasion cases have involved interim interdicts and temporary orders to halt construction and allow courts to determine final outcomes.
The situation at Knoflokskraal has developed over several years. The land, owned by the department of public works & infrastructure and originally earmarked for forestry, was first occupied in 2020 by a small group who said they intended to establish a self-sustaining Khoisan community.
Despite a high court order aimed at preventing further expansion, the settlement continued to grow, reaching about 4,000 structures over time.
Residents have cited a mix of motivations for remaining on the land, including economic hardship, access to land for small-scale farming and, in some cases, claims of historical or ancestral connection.
At the same time, the occupation has presented ongoing governance challenges. Municipal authorities have provided limited services on a humanitarian basis, while raising concern about the cost and sustainability of servicing a settlement that exists outside formal planning frameworks.
Efforts to resolve the situation have included engagement between national, provincial and local governments, including the establishment of a multi-stakeholder task team and attempts to reach agreements with community leadership structures. However, these processes have not resulted in a durable outcome, and the occupation has continued to expand.
Structured intervention
Macpherson said the intervention represents a shift towards a more structured approach, stating the site “could no longer be managed through drift … and reactive responses” and required a plan to “restore order in a way that is lawful, firm and constitutionally defensible”.
He added that while engagement had been attempted, “cases without consequence do not restore the rule of law”, pointing to limited progress in criminal investigations linked to the site.
The intervention will focus on containment of further expansion, social facilitation to profile residents and direct engagement with occupants alongside renewed law enforcement efforts.
The government has also raised concern about alleged criminal activity on the site, including the unlawful sale of land, intimidation and organised operations, though these claims remain subject to investigation and have not been tested in court.
Macpherson said the situation had reached a point requiring decisive action, stating: “We cannot allow a situation where public land is unlawfully occupied without consequence.”
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