On Friday, the High Court in Pretoria ruled that the Afrikaner-only township of Kleinfontein, located in the eastern part of the city, is illegal. The court found that the approximately 650 residents of the township are unlawfully occupying the land.
It was determined that Kleinfontein Aandeleblok (Edms) Bpk, the entity overseeing the township, had violated the law by permitting shareholders to use the land for residential purposes without meeting necessary legal requirements. The court has directed the City of Tshwane to promptly enforce all relevant planning and building regulations concerning the Kleinfontein settlement.
Although criminal prosecution is a potential course of action for the council, the court chose not to specify which remedy the local authority should pursue.
Where it all began
Kleinfontein originated as a large settlement on land designated for agricultural purposes. Founded in the late 1990s by the Boere-Vryheidsbeweging to promote Afrikaner self-determination, it features more than 650 residences, along with a school, community hall, shopping center, old age home, and light industrial zone.
Despite its development, the land has not undergone rezoning or subdivision, nor have building plans been approved by local authorities. The community’s basic services are managed by the Kleinfontein Aandeleblok board.
Although the judgment did not cover this issue, it is well known that Kleinfontein has been significantly underpaying its property rates. The City of Tshwane, facing financial constraints, has made minimal efforts to address this shortfall over the years.
The reason for dispute
The decision comes from a disagreement between four shareholders and the directors of Kleinfontein Aandeleblok. The shareholders are concerned that the settlement’s expansion is negatively impacting the quality of services for current residents.
They have publicly criticized the community’s lack of compliance and urged fellow shareholders to stop paying their levies to Kleinfontein Aandeleblok. They requested the court to halt any further development of the settlement until all planning and building regulations are properly adhered to.
In this context, the court determined that:
The City of Tshwane must enforce regulations in the unlawful Afrikaner settlement of Kleinfontein – according to the Pretoria High Court ruling.
The court emphasized that it is the responsibility of the City of Tshwane to enforce the applicable laws, rather than the responsibility of the applicants.
In response to a counter-application from Kleinfontein Aandeleblok, the court issued an order prohibiting the four shareholders from encouraging others to withhold levies specified in the applicant’s memorandum of incorporation.
The court highlighted that this order does not prevent the four shareholders from expressing their ongoing concerns about the management of the settlement by the directors of Kleinfontein Aandeleblok.
Illegal activities have broader effects
Lex Middelberg, a member of the Tshwane council for the Republican Conference of Tshwane, argues that the problems in Kleinfontein have broader consequences.
“I live on a smallholding just two properties away from Kleinfontein and get my water from a spring on my land. This spring, which was once the main source for the Donkerhoek farm, has dried up,” he says.
Middelberg links this issue to the heavy groundwater extraction in Kleinfontein, which occupies part of the original Donkerhoek farm.
He points out that Kleinfontein is currently taxed as farmland, which is significantly less than the rate it should be taxed at for its current use. “Tshwane residents are essentially subsidizing Kleinfontein, while we lack the necessary funds to repair roads or maintain water supplies when Rand Water reduces its service for maintenance.”
In 2021, Mare-Lize Fourie, then a DA finance committee member, mentioned that legal action was being taken against Kleinfontein for non-compliance, but this has not yet been successful.
In February, addressing Tshwane’s financial struggles, Mayor Cilliers Brink discussed the shortfall in property rates and insisted that Kleinfontein must fulfill its financial obligations.
Andre Zybrands, a professional valuer, had earlier indicated that a 2014 valuation of Kleinfontein showed that, if assessed correctly, the property rates would be significantly higher.