The High Court ordered in January 2026 that the illegal occupiers be evicted within nine months of the order, and that the Madibeng Municipality should provide alternative land.
Should the unlawful occupiers not vacate the property within the specified period, the court ordered that the sheriff of the court is authorised to evict the occupiers and dismantle and demolish all structures with the assistance of the police and/or security companies.
The court also ordered the Minister of Police to verify the legitimacy of the occupiers of the land within a month of the order. If found to be illegal foreigners, they should be relocated to a repatriation centre or deported.
To date, no known action has been taken by any of the respondents in the case, which include Madibeng, the Departments of Human Settlements, Water and Sanitation, Economic Development, Home Affairs, and the police.
Following the order in January, Madibeng indicated that it would appeal the court order; however, no appeal was lodged.
During a council meeting this week, it was resolved that Madibeng would now seek legal intervention from the provincial and national Departments of Rural Development and Land Reform, and Human Settlements.
Squatters started occupying the land in the 1990s, and legal processes to evict the illegal occupants already commenced in 2000.
In November 2016, the court ordered that the squatters be moved to Bokfontein by the Madibeng Municipality. However, the relocation never happened. Subsequently, several court orders followed, with no action taken.
DA ward councillor Maritza du Plessis warned council against further costly delays. She raised serious concerns after the council’s decision to continue pursuing further intervention despite a clear High Court order to evict.
“This matter has dragged on for years, with the Madibeng Local Municipality already having incurred several adverse cost orders along the way. During the recent council meeting, the DA cautioned council against persisting with further legal opposition to the judgment, warning that this could expose the Municipality, and ultimately the residents of Madibeng, to even further unnecessary legal costs,” Du Plessis said.
“What is particularly concerning is that Council nevertheless resolved to engage the provincial and national Human Settlements authorities for further intervention, despite the fact that these very departments were already respondents in the original High Court application and were specifically cited in the judgment itself.”
Du Plessis said that two separate legal opinions obtained by the Municipality both advised against continued legal opposition to the judgment.
“For years, residents of this informal settlement have been forced to live in extremely difficult and inhumane circumstances, without dignity, security, proper sanitation, or acceptable living conditions. It is unthinkable that a municipality would continue resisting efforts to identify and provide suitable land for relocation while vulnerable residents remain trapped in unsafe and unacceptable living conditions.”
