Constantia Land Claims Intensify: Families Return to Pagasvlei Amid Heritage Dispute

Constantia, nestled against the majestic slopes of Table Mountain, is a place cherished for its scenic beauty, historic wine farms, and vibrant community spirit. Beneath the surface of its leafy streets and stunning vineyards, a complex and deeply personal story is unfolding. This narrative concerns land, family, and the enduring legacy of a painful past. It illustrates how the community is confronting the impact of apartheid-era forced removals, particularly the 1961 declaration of Constantia as a 'White Group Area.' This declaration led to the displacement of an estimated 150,000 predominantly Coloured Capetonians by 1982. This historical context is evident in the recent eviction and subsequent court-ordered return of the Matthews and Thebus families to Pagasvlei Farm. This is not merely history; it is the present, requiring understanding and engagement from all residents.

Pagasvlei Farm: A Glimpse into Constantia's Past and Present

The situation at Pagasvlei Farm highlights the challenging realities of historical land dispossession. The Matthews and Thebus families, represented by Subeiga Benjamin, state their family ties to Pagasvlei Farm extend back to the 1800s. They believe their ancestors are buried at Spaanchemat Cemetery. The Richard Harris Family Trust has held ownership of this land for over forty years.

In July 2026, Subeiga Benjamin and her relatives faced eviction from a small cottage at 2133 Pagasvlei Farm. However, the Wynberg Magistrate's Court intervened, granting a temporary interdict that allowed their return. This swift action underscores the significance of these cases. Human rights activists and political parties, including the GOOD Party and human rights defender Tauriq Jenkins, have publicly voiced support for Benjamin and her family, highlighting broader community concern for fairness.

Allegations of Heritage Damage Raise Eyebrows in Constantia Land Claims

The situation became more complicated with allegations against Michael Harris, a trustee of the Richard Harris Family Trust. He was accused of removing the rooftop of one of the heritage cottages at 2133 Pagasvlei Farm. These cottages are recognised by Heritage Western Cape as being over 60 years old, indicating their significant historical value for the area. The Trust, however, has denied damaging the cottage. They acknowledged that Ismail Matthews, a relative of Subeiga Benjamin, lived on the property before the 1960s. Despite the families' deep-rooted claims, the Department of Land Reform and Rural Development's Restitution division has stated that no official claims were ever lodged against the Pagasvlei Farm property itself. This complicates the legal path.

The Deep Scars of Apartheid's Group Areas Act

The land disputes observed today in Constantia are deeply rooted in the apartheid-era Group Areas Act. On February 10, 1961, Constantia, along with neighbouring areas like Bishopscourt, Fernwood, and Claremont, was officially declared a 'White Group Area.' This was not merely a change on paper; it initiated a brutal process of forced removals that fundamentally altered the region. By 1982, an estimated 150,000 people, primarily Coloured Capetonians, had been forcibly removed across Cape Town. It serves as a stark reminder of the injustices that shaped the city.

The Jaftha family, who operate Jaftha's Flower Farm in Constantia, provide a powerful example of this lasting impact. They were forcibly removed during apartheid but, through determination and a lease arrangement with the municipality in 1985 (facilitated by a white business owner), they managed to return. Their story illustrates the long, often difficult journey towards achieving recognition and justice for families who lost everything. It emphasises that working together for a better Constantia means acknowledging these stories and helping to heal historical wounds.

Community Investment in Constantia's Shared History

Amidst these ongoing Constantia land claims, community involvement is notably high. Residents are actively advocating for ancestral rights, and there is a strong desire to preserve Constantia's rural, green character against excessive new development. The Constantia Heritage and Education Project (CHEP) is undertaking vital work to preserve this rich history. In September 2021, CHEP launched a moving exhibition and archive called 'Hidden Rivers: The Untold Story of the People of Konstansie (Groot Constantia),' which highlighted communities displaced by the Group Areas Act. CHEP's objective is to establish a permanent heritage centre in Constantia, ensuring these crucial historical narratives are never forgotten. Groot Constantia wine farm, South Africa's oldest wine-producing farm and a Cultural Heritage Site, also faces modern challenges; workers at Groot Constantia Wine Estate planned protests for August 2024 over issues such as mistreatment and unfair dismissals.

Navigating the Maze of Legal Battles and Restitution

The restitution process is a long and complex journey, often navigating intricate legal channels. For instance, the land restitution claim for Erf 4673 Constantia, submitted by Janine Phillips on January 4, 1999, to the Regional Land Claims Commissioner for the Western Cape, illustrates the quarter-century wait for justice, demonstrating how protracted some of these claims can be. Local dam levels are currently at 78%, indicating that water resources also require careful management.

Another significant case involved the South African Riding for the Disabled Association (SARDA). They endured a 15-year court battle to retain land in Constantia, but it was ultimately awarded to the Sadien family in 2013 as part of a land restitution claim. The Sadien family's land had been taken during the Group Areas Act in the 1960s. They were given alternative land, Erf 1783, because their original plot, Erf 2274, was no longer suitable. The Constitutional Court refused SARDA's appeal in November 2025, ordering the organisation to vacate the land. This ruling highlights the courts' role in upholding restitution efforts and acknowledging historical injustices, even when it means established organisations must adapt. It sends a clear message that historical wrongs need to be righted, contributing to a more equitable Constantia for everyone. The Table Mountain Cableway is currently closed for its annual maintenance until August 9, 2026, so hikers should plan accordingly.

-- Originally published on PR Daddy (https://prdaddy.com).