High Court Issues Urgent Interdict Restraining Unlawful Occupation of Matlosana Estates

The order, handed down on Friday, 09 October 2026 by Judge President Hendricks under case number 2026-249393, responds to recent public calls and social media activity encouraging community members to settle on the vacant municipal properties.

Legal Terms and Scope of the Court Order

The High Court heard the matter on an urgent basis in terms of Rule 6(12) of the Uniform Rules of Court following an ex parte application brought forward by the City of Matlosana. The court issued a rule nisi with immediate effect, calling upon the respondents to show cause by 26 November 2026 why a final order should not be granted.

Under the terms of the interdict, specific prohibitions have been instituted against the named respondents and any potential trespassers:

• Social Media and Public Communication: Xolani Tshabalala is immediately interdicted and prohibited from inciting or enticing any person, whether in person, through Facebook, or via any other platform, to enter, trespass, invade, occupy, or erect structures on the specified municipal property.

• Trespassing and Structure Construction: All respondents are prohibited from trespassing onto, invading, attempting to occupy, or erecting structures on Portion 665 (a portion of Portion 607) of the Farm Townlands of Klerksdorp 424, which encompasses Matlosana Estates Extension 2 and Extension 9.

• Interference and Intimidation: The interdict restricts respondents from promoting, instigating, arranging, or assisting with any unlawful entry. Additionally, it prohibits any threats or intimidation directed at municipal officials, employees, South African Police Service (SAPS) personnel, or the Sheriff assisting in enforcing the order.

• Site Restoration and Legal Costs: The court ordered that the designated properties be cleared of any physical markings, demarcations, or pegs placed on the land. Furthermore, the court awarded legal costs against the respondents on an attorney and client scale, including counsel costs on Scale C.

Municipal Enforcement and Ongoing Monitoring

Following the ruling, the City of Matlosana confirmed that municipal authorities will continuously monitor Matlosana Estates Extension 2 and Extension 9 to prevent unauthorized land allocations or unlawful construction activities. Local government representatives reiterated that the interdict provides a legal framework to protect municipal land assets and maintain orderly urban planning across the municipality.

The legal proceedings mark a key development in the ongoing dialogue regarding land administration, urban planning parameters, and housing provision within the City of Matlosana. As the rule nisi return date of 26 November 2026 approaches, municipal law enforcement officers, SAPS, and the Sheriff remain empowered under the High Court order to take action against any transgressions or non-compliance.

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