24/10/2025
HIGH COURT ORDERS EVICTION OF ILLEGAL LAND INVADERS IN SMUTSVILLE
The High Court of South Africa has granted Knysna Municipality an interdict to evict illegal land invaders from a municipal owned property next to the Usave in Smutsville, Sedgefield.
“We received the interim interdict today, 24 October,” explained Knysna Municipal Manager Dr Lulamile Mapholoba. “This allows us to evict the current illegal squatters and prevent any further such illegal activity.”
“I ask that all residents of Smutsville and Sizamile, particularly those who are acting illegally, cooperate with officials in a calm and reasonable manner while this issue is resolved,” he urged. “I ask that the personal safety and legally owned property of all residents be respected. We remain steadfast in our zero-tolerance approach to any kind of illegal activities, including land invasion. While we will take all reasonable action to execute the directives of the court order, we will also endeavour to protect the rights, safety and property of law-abiding citizens.”
The illegally occupied land is earmarked for the Sedgefield Infill Housing Programme, which is set to deliver more than 150 serviced sites during its first phase.
“The continued illegal occupation of this site will rob the community of a R10.7 million investment in their own housing project,” Mapholoba explained. “We cannot allow this to happen.”
The interdict recognises the situation as a matter of urgency. It orders that the land invaders may not erect any structures on the land in question; they may not enter the existing unlawfully erected structures; and they may not enter the property in question.
“I must emphasise that this court order specifies that no officials may be assaulted or threatened at any time while carrying out the stipulations of the interdict,” he continued. “That includes during formal or informal meetings held with members of the Smutsville community.”
The municipality applied for the urgent interdict to not only save the planned housing project and its allocated budget, but because legislation requires the safekeeping of its assets. Section 63(a) of the Local Government: Municipal Finance Management Act 56 of 2003 clearly states that “[t]he accounting officer of a municipality is responsible for the management of the assets of the municipality, including the safeguarding and the maintenance of those assets”.
“We have, however, not simply pursued this course of action to comply with legislation, but to protect the interests of our community and the integrity of the planned housing project,” Mapholoba concluded. “We ask that the community cease any unlawful activities and I once again appeal to them to cooperate with us. We have no option but to enforce and uphold the law. This interdict will allow the municipality to open a case of trespassing against anyone occupying land illegally, arrest anyone trespassing on the land and prosecute them successfully. Please work with us to resolve this matter so that we may continue with the housing project and provide safe, serviced sites to the community.”
In accordance with the interdict, the municipality will communicate the order via loudhailer in Smutsville and by displaying it at the property in question, the Smutsville Library, Smutsville Community Centre and its own offices.
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