The government will approach the Western Cape High Court next week to halt the continued illegal occupation and development of nearly 2 000 hectares of state-owned land at Knoflokskraal, near Grabouw in the Western Cape. The settlement, which began in 2020 during the COVID-19 pandemic, has expanded to more than 4 000 structures housing an estimated 15 000 to 20 000 people, despite an existing court order intended to prevent further development.

Public Works and Infrastructure Minister Dean Macpherson announced the latest legal action this week, following six months of investigations and unsuccessful negotiations with community representatives. The department is seeking an expanded court order to prevent further construction, new occupations, and the illegal sale or allocation of state land.

Knoflokskraal occupies six state-owned farms between Grabouw and Botrivier, alongside the N2. The land had been earmarked for forestry development, investment, and job creation before groups claiming to be Khoisan activists began occupying the property, claiming ancestral rights to it.

The scale of the occupation has increased dramatically. Departmental figures show that the number of structures rose from about 380 in May 2021 to about 3 800 by February 2022. By August that year, the number had reportedly reached nearly 5 000. Although the High Court granted containment orders in 2021, these have failed to prevent continued expansion.

Macpherson said the occupation was not exclusively driven by housing desperation. According to the minister, many occupants have primary residences in Cape Town or neighbouring towns and use properties at Knoflokskraal as second homes. The settlement also contains commercial developments, including restaurants and tourist accommodation, alongside small-scale agricultural activities.

The department has raised concerns about alleged organised criminal activity at the settlement. Investigations uncovered reports of plots being sold unlawfully for approximately R1 500, with information identifying around 820 people who allegedly purchased or received allocations of land. Officials have also reported intimidation, violence, and interference with attempts to establish who is living on the property.

Macpherson said the department had attempted to negotiate with community representatives in good faith, but divisions between competing leadership factions had prevented agreement on a framework to resolve the dispute.

“The Department of Public Works and Infrastructure has taken the important but necessary step of approaching the Western Cape High Court to put a stop the continued illegal invasion of Knoflokskraal.”

He added that government officials had been subjected to violence and intimidation while attempting to investigate the occupation, and argued that the legal intervention was necessary to protect state property rights and surrounding landowners.

Macpherson said: “This case is important because the rule of law must be established at this site and protect not only government’s property rights, but those surrounding this site.”

The financial consequences have also been considerable. The department has spent more than R58 million on private security at the site between April 2021 and June 2026, with nearly R6 million incurred in sheriff's fees associated with court orders.

The settlement remains without adequate formal electricity, sanitation, and running water infrastructure, with the Theewaterskloof municipality (under which Knoflokskraal falls) providing limited humanitarian assistance. The department wants an independent social facilitator appointed to establish residents’ circumstances and determine what assistance may be required.

Macpherson has stressed that the immediate application seeks to contain the occupation rather than secure a mass eviction. Residents will be afforded an opportunity to participate in the legal process, with a substantive hearing expected in February 2027.

The case will test the government’s ability to enforce existing court orders, protect public assets, and prevent the unlawful commercialisation of state land while respecting the constitutional rights of those living on the property.