In a quite significant legal development, the latest news from the southern African country of South Africa relates to a legal victory welcomed by the Minister of Public Works and Infrastructure of the Republic of South Africa, Mr Dean Macpherson. As per the recent reports, a ruling of the High Court located in the city of East London resulted in a rule nisi on 13 uncompleted and unoccupied illegal constructions on some of the best state agricultural land.
The minister hailed the court’s decision as a clear message meant to indicate that the invasion of land and building would not be permitted. The Minister stated that as the custodian of state-owned properties, the Department has both constitutional and legislative backing in the protection of state properties from illegal occupation. The minister stated that if such acts were permitted, it would be undermining the rule of law and the development of the country.
The rule nisi is, therefore, a provisional order taking immediate interim effect. In terms of this rule, the respondents are interdicted from completing building or renovations, fencing or altering the structures, and demarcating any more stretches of the land.
The matter is set to return to court on 19 February 2026. On that date, the respondents will have to show why the order should not be made final.
In case the order becomes final, the respondents shall be strictly ordered and directed at their expense to remove all building materials and return the area to its original status. If the said respondents fail to do so, the Sheriff of the Court shall be hereby empowered and authorised to dismantle or demolish such structures in the manner provided by law.
Minister Macpherson connected the safeguard of the state land with greater national priorities when he said that investor confidence and economic growth depend to a large degree on legal certainty. State property needs to be maintained for serving the purposes it was intended for, not to be usurped by individuals outside the law. The minister did recognise that the legal process is still continuing, though he was pleased that immediate protection had been accorded by the court to stop further encroachment.
