Government sets Knoflokskraal court date for 19 October

Dean Macpherson
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GRABOUW, Monday 12 October 2026 — Public Works and Infrastructure Minister Dean Macpherson has announced that the government intends approaching the Western Cape High Court on 19 October for orders aimed at preventing further expansion of the Knoflokskraal settlement near Grabouw.

The announcement follows months of preparations to strengthen controls over the occupation of state-owned land in the Elgin Valley.

Macpherson said on Monday that the department had prepared an extensive court application seeking measures to contain further occupation, identify residents and prevent unlawful activities at the settlement.

The government also disclosed new details of evidence provided by whistleblowers concerning alleged illegal land sales, extortion and intimidation.

Government prepares court application

Macpherson said the department had prepared an affidavit exceeding 1,000 pages, covering the history of the occupation, previous court orders, engagements with residents and information gathered during government investigations.

The planned application will be brought in two parts.

The first will seek permission for alternative methods of serving court documents on affected residents.

This would allow the government to notify people occupying the land about the proceedings and provide them with an opportunity to participate.

The second part will seek substantive orders dealing with the occupation and activities taking place at the site.

According to Macpherson, the government wants to prevent new occupations, additional construction and the unlawful allocation or sale of state-owned land.

The department also wants authority to conduct a formal enumeration of residents and to obtain police assistance in implementing court directives.

Minister says application is not for eviction

Macpherson emphasised that the proposed containment measures are not intended to constitute an eviction order.

The department wants to prevent the settlement from expanding while authorities establish who is living on the land and assess their circumstances.

The planned enumeration process would collect information about households, when residents arrived, their socioeconomic circumstances and whether they have particular vulnerabilities or cultural and heritage claims.

An independent social facilitator would oversee the process.

The minister said the department intended ensuring that the collection and handling of personal information complied with the Protection of Personal Information Act.

The government argues that a court-supervised process is necessary because previous attempts to manage the occupation have not produced a sustainable outcome.

Whistleblowers identify alleged land-selling operation

During Monday’s briefing, Macpherson disclosed that whistleblowers had provided information about an alleged organised system through which state-owned land was being subdivided and sold.

The department received information in June concerning alleged transactions involving plots reportedly sold for approximately R1,500.

According to the minister, the information included a database containing details of about 820 people who had allegedly purchased or received land allocations.

The department also received allegations that individuals were collecting unauthorised levies from residents.

Macpherson said some of the alleged payments appeared to be linked to protection arrangements or the unlawful allocation of land.

The allegations have not been established by a court.

The minister did not announce that the individuals allegedly involved had been convicted of any offences.

Evidence referred to police

Macpherson said the department submitted a formal criminal complaint affidavit to the South African Police Service (SAPS) in July.

The complaint was accompanied by whistleblower disclosures, supporting documentation and security reports.

The allegations referred to police include suspected illegal land transactions, fraud, extortion, assault and arson.

The minister said the department was seeking the involvement of additional specialised investigative units.

He also disclosed allegations concerning an unauthorised policing structure operating at the settlement.

According to information received by the department, the alleged structure included organised ranks, enforcement activities and facilities used for paramilitary-style training.

These claims remain allegations requiring investigation.

Government raises concerns about intimidation

Macpherson said attempts by officials and contractors to access the settlement had been met with resistance.

He referred to incidents during May when the department attempted to establish facilities intended to support communication with residents.

During one incident, a container was set alight, a security structure was damaged and a security officer was allegedly assaulted.

The department also reported intimidation of officials, contractors and emergency personnel.

Macpherson said the government could not effectively manage state-owned property if officials were prevented from performing their duties.

The proposed court application will therefore seek orders prohibiting threats, intimidation and interference with lawful government activities.

Security costs exceed R58 million

The minister disclosed that the department had spent more than R58 million on private tactical security services associated with Knoflokskraal between April 2021 and June 2026.

A further R5.47 million was spent on sheriff’s fees connected to serving and enforcing court orders.

Macpherson said the expenditure placed a substantial burden on public resources.

He argued that the government could not continue relying indefinitely on costly security arrangements without addressing the underlying dispute.

The department’s planned court application is intended to establish a more structured legal framework for managing the property.

Residents dispute government’s characterisation

Knoflokskraal comprises approximately 2,000 hectares of state-owned land across six properties in the Elgin Valley.

The occupation began in 2020 and has expanded into a substantial settlement.

Some residents identify the area as ancestral Khoi and San land and maintain that their occupation is connected to cultural recognition and historical land rights.

Community representatives have previously disputed the government’s description of the settlement as a centre of lawlessness.

They have called for greater engagement and recognition of their cultural and historical claims.

Some residents have also expressed concern about the consequences of government enforcement measures for households and small-scale agricultural activities.

The competing positions have contributed to a prolonged dispute involving national government, provincial authorities, Theewaterskloof Municipality and community representatives.

Court process to determine next steps

The government previously announced plans to seek further judicial intervention to prevent expansion of the settlement.

Monday’s announcement establishes a specific date for the intended application and provides additional details about the orders being sought.

The Western Cape High Court will have to consider the government’s application alongside the rights and interests of affected residents.

The proposed measures have not yet been authorised by the court.

Next steps

The government intends approaching the Western Cape High Court on 19 October.

The initial proceedings will address how affected residents should be notified and given an opportunity to participate.

The substantive application will seek orders dealing with containment, resident enumeration, unlawful activities and police assistance.

Separately, law enforcement authorities will need to determine whether the evidence submitted by the department supports criminal charges.

The court proceedings will be an important step in determining how the government can manage the occupation while respecting the legal rights of residents.

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