South Africa’s biggest transport company evicts 160 illegal occupiers in Cape Town

South Africa’s largest state-owned transport company, Transnet, has secured a victory in the Western Cape High Court, which granted it an eviction order against more than 160 illegal occupiers in Cape Town.

The ruling aims to remove the occupiers from Transnet-owned land at Culemborg by 30 September 2026, with the City of Cape Town not obligated to provide emergency housing for those evicted.

According to Werksmans Attorneys, this was due to several reasons, including that it was being largely occupied by undocumented foreign nationals and used for opportunistic criminal activity.

“Those travelling into Cape Town city centre from the northern suburbs and western seaboard will know the site well,” wrote Werksmans.

“For over a decade, there has been an informal settlement on Transnet land, immediately adjacent to the highway entering the city centre.”

The area became infamous as a hub for crime, as criminals capitalised on the adjacent, busy N1 highway and its slow-moving traffic.

The court noted that there have been more than 100 instances of common robbery, robbery using a weapon or firearm, thefts from and attacks on vehicles and theft of personal possessions.

According to the court, over 100 cyclists were attacked or robbed over nine months from 2024 to 2025.

“Given the sheer breadth of criminal activity, it was perhaps understandable that the unlawful occupants could not put up a substantive contradiction of the allegations of criminality,” wrote Werksmans.

“Instead, much reliance was placed on general denials, and on an expectation that the municipality would be required to give the unlawful occupiers emergency housing, automatically upon their eviction.”

Presiding judge Derek Wille disagreed with this, noting that emergency housing is not for the taking, and must instead be determined by several factors and circumstances.

The court also found that an eviction would not be unjust or inequitable, stating that the occupiers gave themselves preferential treatment by seizing the land illegally.

According to the rule of law, such self-help was not constitutionally sustainable, which the court said deprived Transnet of its property rights protected by the Constitution.

Transnet trying to turn a corner

The state-owned transport company has already intensified its fight against criminality and fraud, as Transnet Port Terminals (TPT) blacklisted seven companies and suspended nine employees earlier this year.

It did so after investigations by the Special Investigations Unit (SIU) uncovered a series of irregularities, including financial misconduct, kickbacks, bribery, theft of company assets, collusion, and the submission of false information.

Port Terminals CEO Jabu Mdaki explained that unlawful conduct at the company would not be tolerated, adding that it remains committed to upholding good governance and conducting business with integrity.

He added that these companies have been blacklisted from conducting business with the TPT, Transnet, and all other public entities for ten years.

The entity also instituted disciplinary action against employees who colluded with blacklisted entities over the years, with Mdaki noting that Transnet needs to take firm action against those who compromise business integrity.

“TPT has a mammoth task of enabling South Africa through our specialisation in maritime logistics, where the country trades with over 100 markets in the world,” he said.

“As a team, we are united in understanding that we exist to serve and there’s no room for anyone who does not share in that mission.”

Transnet is working with the relevant authorities to recover all embezzled company funds from the implicated employees and suppliers.

It is continuing with investigations across its Operating Divisions after the Transnet Rail Infrastructure Manager (TRIM) suspended four employees for similar allegations.

Nine employees have been implicated in alleged collusion with suppliers, six of whom have left Transnet’s employment, while disciplinary proceedings against the other employees continue.