THE Free State High Court dismissed a bid by the Democratic Alliance (DA) and Freedom Front Plus (FF Plus) to compel authorities to take immediate action against illegal land occupations in Bloemfontein’s Lourierpark area.
The two opposition parties had sought a court order forcing the Mangaung Metropolitan Municipality and the South African Police Service (SAPS) to enforce a previous ruling that authorised the removal of unlawful occupiers from Subdivision 5 of the farm Brandkop 702.
Judge President Mbhele ruled there was no evidence that SAPS failed in its constitutional duty to act against the land invasion.
The court dismissed the application, ordering each party to cover its own legal costs.
The ruling is a setback for the DA and FF Plus, which argued that the municipality had failed to act swiftly in executing a prior court order issued in March 2024 authorising the removal of unlawful occupiers and the demolition of incomplete structures.
The applicants further alleged that the SAPS had not taken sufficient steps to prevent, combat or investigate the land invasion, despite the March court order explicitly granting them the authority to assist in enforcing the eviction process.
However, in his judgment delivered on 21 January, Judge Mbhele found that the applicants failed to provide substantial proof that law enforcement agencies had neglected their duties.
“There is no factual basis to conclude that the South African Police Service failed to act within its constitutional mandate,” the judgment read.
As a result, the court dismissed the application and ruled that each party would bear its own legal costs.
The land invasion in Lourierpark has been a contentious issue, with the municipality citing legal complexities and social challenges in its enforcement efforts.