Court ruling empowers KwaDukuza Municipality to evict illegal land occupiers

The KwaDukuza Municipality has described an order by Pietermaritzburg High Court to have illegal land occupiers as a victory for it since it has been trying to evict shack dwellers since 2023. 

The High Court recently ruled that the hundreds of illegal land invaders who established an informal settlement directly adjacent to the upmarket Caledon Estate to be evicted. 

The three-year-long legal battle started when certain individuals invaded the land belonging to the municipality in Shakas Head in 2023. According to the municipality, the land is intended to be developed as a business park to support Ballito’s expansion. 

Additionally, the illegal occupation resulted in residents complaining. Other complaints came from Caledon Estate residents, who claimed stones were being thrown over the estate fence to their homes and regular gunfire.

On the other hand, the municipality raised concerns of interference with the water supply as the illegal land occupiers connected to water supply lines intended for neighbouring properties. It also raised issues of illegal electricity connection and waste being dumped at various locations, as a health hazard. 

“This order reinforces the importance of upholding the rule of law, and that while the courts need to ensure that illegal occupiers are not rendered homeless by an eviction order, the unlawful occupation of property cannot be condoned,” Sifiso Zulu, director of communications at KwaDukuza, said. 

Zulu noted that illegal land occupants were represented by social and economic rights lawyers, who had initially rejected Vlakspruit farm as an alternative accommodation. Vlakspruit farm is owned by the municipality.

He said that although the order grants the municipality an eviction order, they are still required to ensure that basic services are being made available at an alternative location, which is Vlakspruit farm. 

Judge Sidwell Mngadi said the eviction would happen when the court is satisfied that the municipality has reached an agreement with illegal occupants on the detailed plan in terms of relocation logistics and what would happen to those relocating to Vlakspruit farm. 

“The applicant shall, within 120 days of the granting order, take reasonable and necessary steps to provide basic road infrastructure, communal ablutions, waste removal, mobile water supply, and temporary electricity to Vlakspruit,” Judge Mngadi said. 

He further ordered that the municipality provide reasonable building materials to the illegal occupiers for them to be able to rebuild their homes upon relocating to Vlakspruit. 

The municipality has also been ordered to engage the departments of Basic Education and Transport to obtain assistance regarding placement in schools and the provision of transportation to commute from Vlakspruit to school. 

Judge Mngadi also ordered that the municipality get assistance from the departments of Health and Social Development to set up mobile or satellite stations or clinics to assist the illegal occupants. 

“The applicant (KwaDukuza Municipality) shall file a report under oath setting out steps it has taken to comply with this order,” the judge ordered. 

In addition, the illegal land occupants were also ordered to file a response after the municipality files its steps to comply with the order. 

The Dolphin Coast Residents and Ratepayers Association (DOCRRA) welcomed the ruling and said it would be engaging with the municipality on its plans to establish services at Vlakspruit, the relocation process, and plans to develop the land in Shakas Head post-relocation.

“We have previously voiced our concerns over the lack of by-law enforcement across KwaDukuza Municipality, including at Shakas Head. The municipality has also neglected the need for safe housing and basic services for vulnerable communities for too long. We hope this ruling will be the start of real action to deal with this critical need,” DOCRRA COO, Mary Kassam, said. 

nomonde.zondi@inl.co.za