Judge Delambo Makgoba ordered 161 unlawful occupiers of Transnet land alongside the N1 at Culemborg to leave by 30 September this year.

The Western Cape High Court found the occupation had become closely associated with persistent criminal activity, making the circumstances fundamentally different from those of a typical informal settlement.

Transnet brought the application as the landowner. The City of Cape Town was cited as a respondent because, under the Prevention of Illegal Eviction (Pie) Act, the court was required to consider the City’s constitutional responsibilities should an eviction be granted. The Department of Home Affairs was joined because questions surrounding the immigration status of a significant number of occupiers formed part of the issues before the court.

When proceedings commenced, the application involved approximately 282 occupiers. As litigation progressed, updated surveys, individual affidavits and changing circumstances meant the court ultimately determined the matter in relation to 161 occupiers, many of whom the court recorded as undocumented foreign nationals.

The area has been associated for years with repeated reports of robberies, attacks on cyclists and motorists, cable theft and vandalism. Local residents, businesses and community organisations have repeatedly raised concerns about safety along the corridor. The court considered extensive evidence, including detailed affidavits, a judicial inspection of the site and the personal circumstances of the occupiers.

No emergency accommodation order

The court considered the respective responsibilities of both the City and the Department of Home Affairs before concluding that, in the particular circumstances of this case, it would not be just and equitable to make an order requiring the City to provide emergency accommodation.

If the properties have not been vacated by 30 September, the Sheriff of the Court is authorised to carry out the eviction with the assistance of police should this become necessary.

Councillor Ian McMahon, who represents Ward 115 which includes Woodstock, said the judgment removes a significant legal obstacle to the future regeneration of the area.

“No one should celebrate the prospect of people losing the place they call home. Every eviction is serious, and our Constitution rightly requires the courts to consider the circumstances of every individual carefully,” McMahon said.

He said the case was very different from an ordinary homelessness matter.

“The period before 30 September provides an opportunity for the order to be implemented in an orderly and lawful manner. I sincerely hope that this can be achieved peacefully and with respect for everyone involved,” he said.

“The focus must now turn to restoring safety, securing the site, and unlocking the long-awaited investment and regeneration of this strategically important gateway into our community,” McMahon said.

Future of the site

Transnet has planned a Culemborg Intermodal Logistics Precinct for the land. Nearby, the Passenger Rail Agency of South Africa (PRASA) has redevelopment proposals under consideration and investment in railway safety infrastructure, including the PRASA Central Line walling project, continues.

McMahon said the ruling ends years of legal uncertainty over the land.

“The court found the occupation had become closely associated with persistent criminal activity and circumstances fundamentally different from a typical informal settlement,” he said.

Local businesses and community groups have long argued that the occupation of the strategically located land has deterred investment and constrained efforts to improve safety in the corridor. The court’s order now provides a clear timeline for the land to be secured.

McMahon said the period leading up to the September deadline must be used to ensure the eviction is carried out lawfully and without unnecessary harm to vulnerable people.

“The court’s findings make clear that this was not a typical land occupation. The evidence of criminal activity shaped the outcome,” he said.

Lawyers representing Transnet told the court the land is vital to the planned logistics precinct, which forms part of broader regional infrastructure investment. Transnet has argued the site is needed to support freight and logistics operations serving the wider Cape Town metropolitan area.

The Department of Home Affairs was required to file papers outlining its position on the immigration status of occupiers, a process that is expected to continue independently of the eviction order.

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