Western Cape High Court has granted an eviction order for people occupying the Transnet-owned Culemborg land, between the Port of Cape Town and Woodstock.  

“The Court recognised that the properties, which are the subject of the Court’s judgement, form part of TNPA’s strategic land holdings required to support its statutory mandate including current and future port-related activities and the long-term development of strategic freight logistics infrastructure,” said the Transnet National Ports Authority in a statement.  

Legal representatives from Werksmans Attorneys in a statement noted that the court ordered the eviction of 160 occupants by 30 September.  

The judgment follows years of litigation involving Transnet, the City of Cape Town and the Department of Home Affairs. Ward 115 Councillor Ian MacMahon said that while Transnet sought the eviction as the landowner, the Court also considered the City’s constitutional obligations under the Prevention of Illegal Eviction (PIE) Act. 

MacMahon described the ruling as “an important milestone”, adding that the Court found the occupation had become “closely associated with persistent criminal activity” and differed fundamentally from “a typical informal settlement established primarily for shelter or economic opportunity”. 

Werksmans Attorneys said the judgment was also notable because it recognised that emergency housing is not automatically required following an eviction. They further noted the Court found there was “no legal basis” to conclude that people with no lawful entitlement to remain in South Africa are entitled to emergency housing assistance. 

MacMahon said the focus must now shift to “restoring safety, securing the site, and unlocking the long-awaited investment and regeneration” of the strategically important Culemborg precinct.