Kleinfontein rejects EFF demands, says court order not enforceable

Kleinfontein’s management has dismissed the EFF’s demands to halt development, arguing that the August 2024 court ruling declaring the settlement illegal is currently under appeal and therefore not enforceable.

The management of Kleinfontein, a self-declared Afrikaner cultural community east of Pretoria, is considering legal action and has sharply criticised the EFF following a protest on Friday.

The EFF handed over a memorandum of seven demands to the metro and is demanding that the metro immediately enforce an August 2024 court order requiring all “illegal development” in Kleinfontein to cease. The party is also calling for a full investigation into the legality of the settlement.

In the memorandum, the EFF further insists that the metro enforce compliance with municipal laws and regulations, dispatch inspectors to the area, and initiate a full legal review of Kleinfontein’s status.

This action is part of a broader campaign by the EFF against Kleinfontein.

On April 29, EFF provincial caucus leader Philip Makwala wrote to Gauteng Premier Panyaza Lesufi, and labelled Kleinfontein a “racist settlement” that violates constitutional principles.

The EFF is requesting clarity on the legal status of the land and the provincial government’s official position on the community.

In response, Kleinfontein management stated that both the protest and the EFF’s letter to Lesufi have been referred to their legal team.

CEO Stefan Wiese said, “Kleinfontein has been recognised as a cultural community by the Gauteng legislature and has worked with the metro for over a decade on the formalisation process.”

He dismissed the EFF’s accusations of racial exclusivity and pointed to Section 235 of the Constitution, which acknowledges the right to cultural self-determination.

Wiese also argued that the court order cited by the EFF is not currently enforceable, as it is under appeal.

On April 9, the Supreme Court of Appeal granted leave to appeal the August 2024 ruling.

As a result, the matter will return to court, and enforcement of the order is suspended pending a new ruling.

The original judgment declared Kleinfontein an illegal township due to the absence of formal township establishment.

EFF MP Carl Niehaus, who joined the march to Kleinfontein, said the community’s reference to “Our God” at its entrance was “an insult to the God of justice”, accusing the settlement of using religion to justify exclusion. Photo: Elize Parker
Damage to the Kleinfontein entrance signage, where the words “ONS GOD” were torn down during the EFF protest, will lead to legal action by the community’s management, who have vowed to lay charges of property destruction against the EFF and the organisers of the march.

The metro was ordered at the time to enforce building and planning regulations in the area.

However, Wiese emphasised that ongoing discussions with the metro about formalisation are continuing, describing the EFF’s actions as “undermining, aggressive and divisive”.

The latest discussion with the metro was held in April, according to Wiese. Formal discussions after the August court ruling commenced in December 2024.

The community also denies claims that it receives free municipal services or employs illegal labour, characterising Kleinfontein as entirely self-sufficient. Property tax rates of Kleinfontein recently escalated by 2 000% in the new evaluation roll.

Meanwhile, property damage was caused during the protest, including the tearing down of the words “ONS GOD” (“OUR GOD”) at the entrance to the settlement.

Kleinfontein intends to open a case with the police against the EFF, a move EFF Gauteng spokesperson Dumisani Baleni welcomed.

“They must go ahead and open a case with the police,” Baleni said.

– Click here for a video of the protest

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