Press release: City of Tshwane to expropriate land for Kanana Village

In a landmark victory for rural occupiers, the City of Tshwane has taken a decision to expropriate land being used for the Kanana Village in Pretoria.

The decision means that roughly 500 households living on the farm will not be evicted and will eventually obtain tenure security for the houses they have lived in for more than 10 years.

The Kanana Village was formed when evicted farm workers settled on rural farm land at the invitation of the previous land owner. Neighbouring farm owners obtained an interdict against the land owner, preventing him from giving permission to individuals to live on the land but a large number of people were already living there at the time this interdict was obtained.

When the land owner passed away, the neighbouring farm owners bought the land with the specific purpose of evicting the community. Strangely, the eviction application was brought in terms of legislation designed to deal with urban occupation. LHR assisted the community in opposing the eviction application and brought a counter-application to compel the local authority to rather expropriate the land and establish a formalised agri-village as had already been attempted by the former local authority.

Unfortunately, the high court found that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) was applicable and granted an order for the eviction of the almost 2 000 adults living in the settlement. The Supreme Court of Appeal and Constitutional Court refused to hear the appeal. Late last year the matter returned to the North Gauteng High Court in Pretoria for the determination of a suitable eviction date. The City of Tshwane was ordered to file a report regarding the possible procurement of alternative land and the relocation plan it would put in place. The City responded by filing an affidavit indicating its intention to rather expropriate the property and upgrade the settlement.

“The City of Tshwane’s decision will prevent the social and economic disruptions that result from large scale evictions and likely prove considerably more cost effective for the City. It also reflects a change from the City’s previous reactive approach to dealing with informal settlements towards one that promotes spatial integration and people-orientated development,” said LHR’s Louise du Plessis.

The decision to expropriate is in line with government policy of promoting rural development and agrarian reform and was made possible through political engagement and partnership between the City of Tshwane and LHR.