The Western Cape High Court has ordered 161 people to leave Transnet-owned land near the N1 at Culemborg in Cape Town.
The occupiers must voluntarily vacate the property by 30 September 2026. The ruling follows a lengthy legal battle over the informal occupation, which has raised concerns about homelessness, public safety and the future use of the site.
Eviction case changed over time
Transnet approached the court to remove people occupying its land without permission.
The City of Cape Town joined the proceedings because the case fell under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The court had to consider whether the City should provide emergency accommodation.
The Department of Home Affairs was also included after questions were raised about the immigration status of several occupiers.
The case initially involved about 282 people. However, the court ultimately considered the circumstances of 161 occupiers after reviewing updated surveys and affidavits. The judgment noted that many of those living on the property were undocumented foreign nationals.
Residents raised safety concerns
Ward 115 councillor Ian McMahon said the occupation had been a longstanding concern for nearby Woodstock and Salt River communities.
Residents and businesses reportedly complained about robberies, attacks on motorists and cyclists, cable theft and vandalism.
McMahon said some residents had changed their daily routines because they felt unsafe travelling through the area. Businesses had also raised concerns about security and future investment.
However, he stressed that the ruling should not be celebrated as people would lose the place they called home.
City not required to provide accommodation
The court examined affidavits and conducted an inspection of the property before reaching its decision.
It found that the occupation was different from informal settlements established mainly because of housing shortages. The evidence before the court reportedly connected the site to persistent criminal activity.
The court ruled that it would not be just and equitable to force the City to provide emergency accommodation in this specific case.
Should the occupiers remain after the September deadline, the Sheriff of the Court may carry out the eviction. The South African Police Service may assist where necessary.
I’m a writer, editor and software developer at Newsroom ZA.
I build things, break them (on purpose), then turn the chaos into clean, readable stories. You’ll usually find me bouncing between breaking news, politics and entertainment.