Victory for Afrikaner-only town in South Africa’s capital

Kleinfontein Aandeleblok, the company behind the Afrikaner-only settlement, Kleinfontein, has achieved a legal victory in the High Court.

This victory paves the way for a clear framework for formalising the Kleinfontein settlement in the Tshwane Metro.

It also brings an orderly and constructive conclusion to the dispute with the Tshwane Metropolitan Municipality.

To understand the dispute, it is important to look at the history of the Kleinfontein settlement, 30 kilometres east of Pretoria.

Kleinfontein is a privately established settlement near Rayton. It’s best known as an Afrikaner-only community similar to Orania.

The Kleinfontein farm was bought in 1992 by the Boer Freedom Movement and developed as an enclave to preserve Afrikaner culture and heritage.

It was established after the end of apartheid in response to perceived threats to their culture and rising crime rates.

Residents adhere to specific cultural and religious beliefs as part of the town’s aim to preserve their Afrikaner heritage.

It was initially a cooperative with houses on the Kleinfontein farm. By 2017, the community had grown to 1,200 residents with its own primary school.

In March 2018, after a nine-month process, Kleinfontein was converted from a cooperative into a share-block scheme.

Participation occurs through contracts outlining members’ obligations and inheritable usage rights.

This effectively amounts to residential rights in a farming area under a share-block form of ownership.

Today, Kleinfontein boasts multiple neighbourhoods and retirement villages, a shopping centre, sports grounds, and commercial endeavours.

Battle with the Tshwane Metropolitan Municipality

In 2024, the Gauteng High Court found that the residents of Kleinfontein were living there illegally as the land is not zoned for residential purposes.

The court ordered the City of Tshwane to take appropriate steps to enforce all relevant planning and building regulations laws.

Kleinfontein’s leaders accused the City of Tshwane of delaying the rezoning process, despite the community’s long-standing presence on land initially zoned for agriculture.

This resulted in a legal battle, which culminated in a court order granted on 4 August 2026 in the High Court of South Africa, Gauteng Division, Pretoria.

The order requires Kleinfontein to submit a land development application by 31 August 2026 to establish the proposed township, Kleinfontein Extension 1.

This application must comply with the City of Tshwane’s Land Use Management By-law and will be treated as a new application, including a public participation process.

In turn, the Tshwane municipality will consider the existing buildings, engineering services, infrastructure, and improvements.

It will also make every effort to accommodate them within the legal framework, where reasonably possible. 

Pending the outcome of the applications, no further construction or development of buildings, dwellings, or improvements will take place on Kleinfontein.

Once the zoning has been finalised, the necessary applications in terms of the National Building Regulations must be submitted within six months. 

The municipality’s decision to levy tariffs for unauthorised use on the properties, effective from 1 September 2024, has been reviewed and set aside.

The relevant municipal accounts have been adjusted to reflect the community’s actual current usage.

Outstanding amounts are to be settled within 60 days of the order, and previous account disputes are considered resolved or withdrawn. 

Kleinfontein Aandeleblok said that this order brings an orderly and constructive conclusion to the dispute with the Tshwane Metropolitan Municipality.

“We are committed to seeing the formalisation process through to completion so that every resident of Kleinfontein can enjoy certainty,” Kleinfontein Aandeleblok said.

“This creates an opportunity to move forward together in the interest of everyone involved with Kleinfontein.”

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Photos of Kleinfontein

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