Public Works and Infrastructure Minister Dean Macpherson has welcomed an order granted by the Western Cape High Court authorising the department to proceed with substituted service of its main court application concerning Knoflokskraal.
Knoflokskraal is a 2 000-hectare tract of State-owned land in the Elgin Valley near Grabouw in the Western Cape.
The order marks the first step in the department’s process to obtain necessary evidence and information on who is occupying the site, restoring the rule of law, addressing unlawful occupation and ensuring that the law is applied fairly and consistently at the site.
In a statement on Tuesday, the Department said it will now proceed with implementing the court-sanctioned service and notification measures as it advances its main application, which is 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 affected parties have been notified in accordance with the order.
“It authorises the department to notify all affected parties of its application through a comprehensive process that includes service of notices in English, Afrikaans and isiXhosa at prominent locations across the affected properties, loudhailer announcements, direct service on community structures, newspaper publications, and access to the court papers through the department’s official digital platforms,” the Ministry of Public Works and Infrastructure said.
Last week, the department said government was preparing to approach the Western Cape High Court to halt the further expansion of the occupation of Knoflokskraal. At the time, the department said the court application was to be submitted on Monday, 19 October.
READ | Government prepares court bid to halt expansion of Knoflokskraal occupation
The application followed 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.
On Tuesday, the Ministry further added that the approach is intended to ensure that all affected parties, including individuals whose identities are unknown, are given proper notice of the proceedings and provided with a reasonable opportunity to participate in the legal process.
Knoflokskraal was reportedly unlawfully occupied in 2020 during the COVID-19 pandemic. It is now said to have grown to over 4 000 structures, housing an estimated 15 000 to 20 000 people.
Minister Macpherson said the order represents an important first step in the department’s efforts to address 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. We welcome this order because it allows us to take the next step in our application and ensures that affected parties are properly notified.
“We 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,” Macpherson said.
The department remains committed to working with the relevant authorities to address the challenges at Knoflokskraal and to restoring lawful governance over the affected state properties.
Knoflokskraal comprises six State-owned farms. The land falls under the custodianship of the Department of Public Works and Infrastructure and was historically intended for forestry to support job creation and economic development in the region. – SAnews.gov.za
Source: Original report at SAnews.gov.za.
