The Supreme Court of Appeal has ruled against the City of Tshwane’s attempt to expropriate privately owned land near Bronkhorstspruit to accommodate illegal occupants, finding the municipality’s process unlawful and barring it from using expropriation to bypass an existing eviction order. The ruling, delivered on 4 June 2026, gives Tshwane one year to relocate the Kanana Village residents, who have lived on the disputed land for more than two decades.
Legal Ruling Highlights Limits Of Municipal Power
According to the Supreme Court of Appeal judgment, the City of Tshwane’s previous expropriation notices, issued in 2015 and 2018, were invalid. The court determined that expropriation could not serve as a means to avoid complying with a court-ordered eviction initiated by the current landowner, Summer Seasons Trading. Judge Daisy Molefe, who delivered the judgment, stated, “Homelessness in our country is a huge problem. However, land invasion should always be discouraged.”
The case centres on land at Kameelzynkraal, Pretoria East, where the Kanana Village community was established 21 years ago. Initially, former landowner Ben Gomeni welcomed homeless families onto the property after they were evicted elsewhere. Gomeni died in 2005 before formalising the settlement. After the land was sold in 2006, the new owner sought eviction of the residents, leading to a series of legal battles between the occupants, landowners, and the municipality.
Broader Social Context And Future Developments
The court’s decision underscores the complex challenges facing local governments in delivering housing while respecting property rights. The Kanana Village case has drawn attention nationwide as it reflects the broader struggle to balance urgent housing needs with the legal framework governing property and evictions in South Africa. The Supreme Court of Appeal reaffirmed judicial precedent that unlawful occupation cannot be regularised through retrospective expropriation to circumvent pending eviction orders.
For the Kanana Village community, the ruling means the City of Tshwane must now develop a credible relocation strategy within the one-year deadline imposed by the court. Local human rights organisations have urged the municipality to ensure that relocation plans uphold the rights and dignity of affected residents. The City of Tshwane has not yet announced whether it intends to appeal or how it plans to implement the court’s directive.
The next development is expected to be the City of Tshwane’s response and submission of a legally compliant relocation plan for the Kanana Village community within the specified timeframe.