The Western Cape High Court has granted the Department of Public Works and Infrastructure (DPWI) authority to proceed with substituted service of its main court application concerning the occupation of Knoflokskraal outside Grabouw.

DPWI minister Dean Macpherson has welcomed the order, marking the first step in the department’s process to obtain the necessary evidence and information on the occupiers of than land. Furthermore, the department will also be granted the right to restore the rule of law, address unlawful occupation and ensure that the law is applied fairly and consistently.

In a statement issued on Tuesday 20 October, the DPWI said it will now implement the court-sanctioned service and notification measures as it advances its main application. The measures are expected to be heard by February next year.

“The substituted service process is an important procedural step in ensuring that the matter can be considered by the court after the affected parties have been notified in accordance with the order,” the ministry said.

A comprehensive process

The order authorises the department to notify all affected parties through a comprehensive process.

The DPWI is ordered to serve notices in English, Afrikaans and isiXhosa at prominent locations across the affected properties, make announcements by loudhailer, directly serve community structures, publish notices in newspapers and provide access to the court documents through the department’s official digital platforms.

Last week, the department announced that government was preparing to approach the Western Cape High Court to halt the further expansion of the occupation at Knoflokskraal.

At the time, it said the court application would be submitted on Monday 19 October.

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This announcement came after six months of preparation, investigations and engagements aimed at establishing the circumstances surrounding the occupation and determining the steps required to restore the rule of law.

The ministry said the approach is intended to ensure that all affected parties, including individuals whose identities are unknown, received proper notice of the proceedings and a reasonable opportunity to participate in the legal process.

‘We will not allow unlawful occupation’

Knoflokskraal was reportedly unlawfully occupied during the Covid-19 pandemic in 2020.

Since then, the settlement is believed to comprise more than 4 000 structures, housing an estimated 15 000 to 20 000 people.

Macpherson said the court order represented an important first step in addressing the situation through lawful, transparent and court-supervised processes.

“The restoration of the rule of law at Knoflokskraal begins with ensuring that the law is respected and that the proper legal processes are followed,” he said. “We welcome this order because it allows us to take the next step in our application and ensures that affected parties are properly notified.”

He added that the DPWI “will not allow unlawful occupation and the breakdown of the rule of law to go unaddressed”.

“At the same time, we are committed to ensuring that our actions are lawful, procedurally fair and subject to judicial oversight. We will pursue this matter through lawful, transparent and court-supervised pocesses to ensure that the rule of law prevails,” Macpherson said.

The department said it remains committed to working with the relevant authorities to address the challenges at Knoflokskraal and restore lawful governance over the affected State properties.

The Knoflokskraal land was historically intended for forestry to support job creation and economic development in the region.