The Supreme Court of Appeal has ruled against the City of Tshwane’s attempt to expropriate privately owned land near Bronkhorstspruit to house hundreds of unlawful occupiers.
The long-running dispute centres on Kanana Village, a community of about 500 households living on land at the farm Kameelzynkraal, Pretoria East.
Judge Daisy Molefe, who wrote the unanimous judgment, found that Tshwane’s expropriation process was unlawful.
The court also found that expropriation could not be used to bypass an existing eviction order.
However, the municipality was given a year to relocate the residents.
Kanana Village dispute spans years
Kanana Village was established 21 years ago after the former owner of the farm, Ben Gomeni, invited families left homeless by unlawful evictions to occupy part of the land.
Gomeni had planned to formalise the community, but died in December 2005 before that could happen.
In March 2006, the property was sold to Summer Seasons Trading, the current owner.
In 2011, the owner brought an eviction application against the community.
Lawyers for Human Rights later became involved in several court applications aimed at ensuring the occupiers had a roof over their heads.
City’s process found unlawful
The City of Tshwane was previously ordered to provide alternative accommodation to the residents.
It then gave notice to the owner that it intended to expropriate the land so the residents could remain there permanently.
But the high court found the city had not followed proper process and declared the expropriation invalid.
On appeal, Tshwane conceded that its 2015 and 2018 expropriation notices could not succeed.
The city argued, however, that the eviction order should not simply be enforced without updated evidence on the current welfare of the occupiers.
It said the community had grown, with homes, informal businesses, nearby work, schools, a clinic and a church.
Court warns against land invasions
Judge Molefe said the court had sympathy for the community, but stressed that land invasion must be discouraged.
“Homelessness in our country is a huge problem,” she said.
She added that while the Constitution protects the right of access to adequate housing, unlawful occupiers cannot choose exactly where they want to live.
Molefe said private property owners could not be expected to provide occupation indefinitely.
The judgment leaves Tshwane with a year to relocate the Kanana Village residents.