Rasaad Adams|Published
A looming court battle over Knoflokskraal has sparked accusations that Public Works and Infrastructure Minister Dean Macpherson is treating thousands of residents as criminals instead of addressing their need for basic services.
Western Cape Provincial Parliament member Sammy Claassen accused Macpherson of being out of touch with the community, which is home to an estimated 15 000 to 20 000 people.
Claassen visited the settlement near Grabouw on Monday, October 12, the same day Macpherson announced plans to approach the Western Cape High Court to prevent further unlawful occupation of state-owned land.
The occupation, which began in 2020 during the height of the Covid-19 pandemic, has expanded from a small initial group into a settlement of about 4 000 structures.
The minister says the court case is aimed at preventing further unlawful occupation of the 2 000-hectare property near Grabouw and addressing allegations of illegal land sales, fraud, intimidation and violence.
Claassen challenges minister over residents' rights
But Claassen claims government is failing to recognise the rights and needs of the indigenous community living there.
Claassen said “The conflict around land is a national issue. If you look at the basis on which the minister is going to court, that is actually an attack on the rights of indigenous people.
“One of the arguments he makes, and one that he is not even ashamed of, is to label the residents of Knoflokskraal as criminals.
“The minister is out of touch. He must leave his office and come visit Knoflokskraal himself. Then he will see that this is a community that is merely exercising their right to self-determination, a right that is protected by our Constitution.
“A very successful, internationally acclaimed coffee shop, as well as a successful backpackers, is being operated out of the area.”
He further accused the DA-led provincial government of treating the community unfairly compared with other informal settlements.
The Patriotic Alliance councillor added: “This just once again shows that the DA government thinks absolutely nothing of coloured people. In the same Theewaterskloof Municipality, several informal settlements sprang up overnight on state land and today they have access to basic services.
“Since the reclaiming of the land at Knoflokskraal in 2020, the indigenous residents have been begging for basic services. Both the provincial and local government continue to ignore the needs of the community.
“We have been asking why Knoflokskraal is being treated differently compared with other informal settlements consisting of people who left their provinces and settled here in the Western Cape.”
Government prepares court application
Macpherson says the department has spent six months investigating the occupation and preparing its court application.
Addressing a media briefing on Monday, Macpherson said the department had compiled an affidavit exceeding 1 000 pages, containing supporting documents and evidence relating to alleged criminal activity and the sale of state land.
He said: “We are, therefore, approaching the court with facts in defence of the rule of law. We are approaching the court with a comprehensive documentary record of what has happened at Knoflokskraal, what government has attempted to do, what has failed, what has subsequently been uncovered by investigation and what we believe is required to restore the rule of law.”
The department intends asking the court to stop new occupations, further construction and the unlawful sale or allocation of state land.
Macpherson said the government also wants to establish who lives at the settlement, when they arrived and their socio-economic circumstances.
The application is expected to be submitted on October 19, with the proposed legal process allowing affected residents an opportunity to present their cases before the court.