ANDRE MAXWELL: A historic restitution effort breaks ground in Bishopscourt

The legacy of apartheid’s spatial planning is deeply etched into SA’s urban fabric. Even today the invisible lines drawn by the Group Areas Act continue to shape who lives where — and how far many must travel to access opportunities.

While the democratic era ushered in mechanisms to address this injustice, for far too many communities restitution has been painfully slow, with more promise than progress. But the Protea Village land restitution project, located in Bishopscourt, Cape Town, tells a different story. It is one of resilience, collective action and, after decades of struggle, tangible restoration.

In March 2025 our community marked a milestone that had long seemed out of reach: the commencement of physical construction to return 86 families to their ancestral home. Protea Village was once a thriving community. Our ancestors, who settled in the area as early as 1834, built homes, a church, a school and playing fields around a natural spring that sustained them.

Between 1959 and 1970 the apartheid regime forcibly removed residents under the Group Areas Act, scattering families and erasing our presence from the land. The “Boschenheuvel Arboretum” and other green spaces were created atop where our community lived.

In 1995 the Protea Village community successfully lodged a land claim under the Restitution of Land Rights Act, with 86 families opting for the restoration of their land rights. After years of engagement we were awarded just over 12 hectares of state-owned land in Bishopscourt, including Erven 212 and 242. The land includes a disused municipal dump site, which will be rehabilitated and made suitable for residential development.

We have opted for a sustainable and forward-thinking solution, a cross-subsidisation model that enables the development of high-quality homes for the 86 returning families. This approach, developed after nearly a decade of consultation with government and neighbouring communities, will see serviced residential stands sold on one side of Kirstenbosch Drive in the Bishopscourt Estate development to fund the homes for community members on the other side.

Beyond restoring homes, our community has committed to creating shared value. We have reserved 4ha, about one-third of the awarded land, as a publicly accessible greenbelt along the Liesbeek River. This area will remain open to all residents of Cape Town and serve as a natural asset for future generations.

The project’s progress was not without resistance. Legal challenges and drawn-out bureaucratic processes delayed our return for years. Too many of our elders — those who experienced the trauma of removal first hand — have passed away without seeing this dream realised. Nonetheless, our determination remained steadfast.

Several key breakthroughs in recent years have finally brought the project to life:

• On June 15 2021 the formal transfer of land to the Protea Village Communal Property Association was completed.
• In November 2021 we secured grant funding from the department of agriculture, land reform & rural development through a section 42C grant — the first of its kind for an urban restitution project.
• Town planning approval was granted by the City of Cape Town in October 2022.
• In June 2024 the city approved over R40m in urban settlements development grant (USDG) funding to support engineering services for the development.

Construction of the infrastructure and internal services began in October 2024. Simultaneously, we launched the sale of 33 open-market plots in the Bishopscourt Estate development, all of which were under offer within weeks. This strong market response validates the financial viability of the cross-subsidisation model and underscores the appetite for inclusive, well-integrated developments.

March 11 this year marked the symbolic and practical start of the claimants’ return. At a sod-turning ceremony on the land we officially broke ground ahead of construction starting on the water, electrical and road infrastructure for the homes they will be returning to. This was not merely a project milestone, it was a deeply emotional moment of affirmation for a community that has waited decades for justice.

This progress reflects the combined efforts of many partners. We acknowledge the City of Cape Town, the national departments of public works and land reform & rural development, the SA National Biodiversity Institute, and the Commission on Restitution of Land Rights for their roles in making this a reality. We are also appreciative of the constructive engagement and support from the leadership of the residents’ associations in Bishopscourt and Fernwood.

As work on the site progresses Protea Village stands as a blueprint for what equitable, sustainable land reform can look like, particularly in urban contexts. It demonstrates that restitution need not be antagonistic to development, and how public and private interests can align to produce outcomes that honour the past while building for the future.

This project restores more than just land. It revives a community. It renews dignity. It allows for the rebuilding of generational wealth and the restoration of belonging in one of Cape Town’s most historically exclusive suburbs.

The journey is not yet over, but the most important chapter has begun. With continued support the families of Protea Village will soon return as rightful residents of the land their ancestors once called home.

• Maxwell chairs the Protea Village Communal Property Association.