A man arrested for malicious damage to property before the illegal occupation of land owned by murdered Louiesenhof vintner Stefan Smit, faces arrest after failing to appear in the Stellenbosch Magistrate's Court earlier this week.

Speaking outside court, Zola Ndalasi told News24 that he had missed his scheduled appearance on Wednesday because he was ill. 

"I have to bring the doctor that I saw, or I will be arrested."  

He has until his next appearance on July 1 to arrange this. 

Ndalasi was arrested on Watergang, a parcel of land owned by the Smit family in a trust. 

The land, which was renamed Azania, was sold by the WS Smit Watergang Trust to the Stellenbosch Municipality recently for R45.7m, with the transfer still in the works. 

The municipality's spokesperson, Stuart Grobbelaar, said it does not foresee any delays. 

"The municipality is currently in the planning phase of how the land can be used optimally to provide as many opportunities as possible to the residents of Stellenbosch," he added. 

"While the planning phase is ongoing, the situation will remain unchanged. There are approximately 1 400 structures on the land and no new structures may be erected in terms of the court order.

"After signing the purchasing contract, the municipality received power of attorney to remove any new structures that are erected on the land. The municipality monitors the situation daily and removes any new structures that are reported."

No official link has been made to the land issue and Smit's murder.

Regarding Smit's murder, Western Cape police spokesperson Captain FC van Wyk said the case was still under investigation and detectives were following up all leads.