DPWI: Knoflokskraal Western Cape High Court Application Filed

• The Department of Public Works and Infrastructure is taking the Knoflokskraal informal settlement to the Western Cape High Court.
• The DPWI aims to stop further expansion of the settlement and restore the rule of law on state-owned land.
• Evidence includes allegations of fraudulent land sales, extortion, and a "parallel policing structure" within Knoflokskraal.
• The court application, over 1,000 pages, seeks a containment order, not an eviction, and alternative means for serving legal papers.
• The settlement, which began in 2020, has grown from 382 structures in May 2021 to an estimated 15,000-20,000 people by April 2026.

Minister Dean Macpherson emphasized that the department is seeking a containment order, not an eviction, for the Western Cape High Court informal settlement.

The Department of Public Works and Infrastructure (DPWI) is initiating legal proceedings in the Western Cape High Court to address the ongoing expansion of the Knoflokskraal informal settlement in Grabouw. Public Works and Infrastructure Minister Dean Macpherson announced that court papers would be submitted on October 19, with the stated objective to "restore the rule of law at Knoflokskraal, where it has ceased to exist." This significant DPWI Knoflokskraal Western Cape High Court application follows the accumulation of substantial evidence by the department.

This evidence reportedly includes instances of fraudulent land sales, extortion, and the operation of a "parallel policing structure" within the state-owned land. The government's move aims to halt any further growth of the self-proclaimed Khoisan settlement, which has seen a dramatic increase in its population and footprint since its initial occupation. The legal action underscores the government's intent to assert control over the land and address the alleged illicit activities occurring within the settlement.

The Knoflokskraal land occupation legal action stems from an occupation that began in 2020, with initial residents asserting their indigenous rights to the land. Since then, the settlement has burgeoned into a community of thousands, hosting numerous small-scale farmers and small businesses. The rapid expansion is starkly illustrated by official figures: the number of structures grew from 382 in May 2021 to approximately 4,880 by August 2022. More recent reports from April 2026 indicate the population has swelled further, reaching an estimated 15,000 to 20,000 people.

Concerns have been raised regarding alleged fraudulent land sales state land South Africa, with whistleblowers providing evidence that plots within Knoflokskraal were being sold for R1,500 each. Minister Macpherson highlighted the exploitative nature of such transactions, stating that individuals fraudulently selling state land or collecting unlawful levies are not assisting vulnerable people but rather exploiting them. The Department of Public Works and Infrastructure court application also suggests that a "substantial" number of properties might serve as second homes or "holiday homes" for individuals primarily residing in Cape Town, further complicating the socio-economic profile of the settlement. Evidence of illegal levies being collected from residents has also been presented to the authorities.

The DPWI's comprehensive application, spanning over 1,000 pages, is designed to provide a detailed account of the occupation's history, previous attempts to engage with residents, and critical evidence gathered from whistleblowers within Knoflokskraal. The application is structured into two distinct parts. Part A seeks court approval for alternative methods of serving legal papers on residents, ensuring that all affected individuals have the opportunity to present their sworn version of events to the court.

Part B of the application specifically requests a containment order, aimed at preventing any additional occupation of the land. This proposed order would extend an existing directive that currently covers three of the six parcels of land comprising Knoflokskraal. Minister Dean Macpherson emphasized that the department is seeking a containment order, not an eviction, for the Western Cape High Court informal settlement. The government also intends to ask the court for an order prohibiting unlawful conduct and to direct the police to enforce all court orders. Furthermore, the DPWI aims to gather essential demographic and socio-economic data, including details on household composition, arrival times, vulnerabilities, and any cultural or heritage claims, to inform future interventions for genuinely vulnerable residents in collaboration with local municipalities and other government spheres.

Lawyers advising on property law, land disputes, or informal settlements in South Africa, particularly the Western Cape, should monitor the DPWI's application regarding Knoflokskraal. This case could set precedents for state land reclamation, the legal handling of large-scale occupations involving alleged fraudulent sales and indigenous claims, and the procedural aspects of serving legal papers in such complex situations.

Source: Original reporting via GroundUp