The High Court in East London has temporarily stopped further construction on 13 unoccupied and incomplete structures built on prime agricultural land near East London.
The order, granted by the Eastern Cape Division (East London Circuit Court), issued a rule nisi with immediate interim effect.
This means the court’s decision takes effect immediately. However, the respondents must return to court on 19 February 2026 to show cause why the order should not be made final.
The court has interdicts preventing any further:
- Construction
- Renovation
- Alterations
- Fencing
- Demarcation
- Improvements to the land
If the order becomes final, the respondents may be required to:
- Remove building materials
- Restore the land
- Comply with lawful demolition processes
Should they fail to comply, the Sheriff may be authorised to dismantle or demolish the structures according to due legal process.
Official response
Public Works and Infrastructure Minister Dean Macpherson welcomed the ruling.
He said the decision affirms the Department’s responsibility to protect state-owned land from unlawful occupation and development.
“As the custodian of state assets, the Department of Public Works & Infrastructure has a constitutional obligation to safeguard public land and buildings,” said Macpherson.
He added that individuals or groups cannot invade state property and expect the law to accommodate such conduct.
The Minister also stressed that the rule nisi is not a final judgment. However, he welcomed the immediate protection granted by the court while the matter proceeds.
Community impact
The Department argues that protecting state land supports orderly development and investor confidence.
Macpherson said that sustained economic and job growth depends on consistent enforcement of the rule of law.
The matter will return to court on 19 February 2026, when the court will decide whether to make the order final.
