Minister Macpherson welcomes High Court order halting land invasion near East London

East London, Eastern Cape – Public Works & Infrastructure Minister Dean Macpherson has welcomed a High Court order halting further development on prime agricultural land near East London following what the Department describes as an unlawful land invasion.

In a media statement issued on 11 February 2026, the Ministry confirmed that the High Court of South Africa (Eastern Cape Division, East London Circuit Court) granted a rule nisi with immediate interim effect, interdicting further construction and alterations to 13 unoccupied and incomplete structures erected on the land.

What the court order means

The provisional court order prevents respondents from constructing, renovating, altering, fencing, demarcating or making any further improvements to the structures or associated land while the legal process continues.

The matter is set to return to court on 19 February 2026, when the court will determine whether the interdict should be made final.

A rule nisi is a provisional court order that takes immediate effect but requires the respondents to return to court on a specified date to show cause why the order should not be confirmed permanently.

According to the Ministry, the court further provided that, should the order be made final, respondents may be required to remove building materials and restore the land.

Failing that, the Sheriff may be authorised to dismantle or demolish the structures in accordance with due legal process.

Department’s position on land invasions

Minister Macpherson said the ruling affirms the Department’s constitutional and legislative responsibility as custodian of state-owned land to act decisively where there are unlawful invasions or construction activities.

“As the custodian of state assets, the Department of Public Works & Infrastructure has a constitutional obligation to safeguard public land and buildings.

We cannot allow individuals or groups to assume that they can simply invade state property, erect structures, and then expect the law to accommodate that conduct,” Macpherson said.

He added that the Department will not accept or tolerate land or building invasions and that state assets will not be overrun by lawlessness.

Economic stability and rule of law

The Minister further emphasised the importance of upholding the rule of law for South Africa’s broader economic stability.

“For South Africa to achieve sustained economic and job growth, the rule of law must be upheld consistently and without exception. Investor confidence and orderly development depend on certainty.

State land cannot become vulnerable to those who believe it can be taken or developed without due process,” he said.

Macpherson noted that the granting of a rule nisi is not a final determination of the matter but welcomed the immediate protection afforded by the court pending its final decision.

Protection of public assets

The Department stated it will continue to approach the courts wherever necessary to protect public assets.

“We will act decisively and within the bounds of the law to ensure that state property is preserved for its intended public purpose and for the benefit of all South Africans,” the Minister said.

The case has drawn attention to ongoing concerns around land invasions in parts of the Eastern Cape, particularly involving land designated for agricultural or public use. However, the Ministry has indicated that the current matter is specifically focused on the 13 incomplete and unoccupied structures identified near East London.

Enquiries regarding the matter can be directed to Ministerial spokesperson James de Villiers.

The court’s decision on 19 February 2026 will determine whether the interim interdict becomes a final order.