South Africa: 'Underhand' means used in evictions

Business Day 29/11/01

Underhand' means used in evictions

Farmers said to be evading legislation
DURBAN Farmers came under harsh criticism at the Land Tenure conference
yesterday for allegedly using guerrilla tactics to dodge new laws and for
evicting workers to sidestep legislation.

The recent Labour Tenants Act and the Extension of Security of Tenure Act
have secured specific rights for farm workers, including the right not to be
arbitrarily evicted.

Essentially the legislation regulates the relationship between landowners
and tenants on agricultural land, prevents illegal evictions and makes
provision for the acquisition of land.

However, Landless Peoples' Movement representative Mangaliso Kubheka
yesterday accused farmers of "using every trick in the book" to find
loopholes in the legislation.

"The landowners, realising their powers were (being) tampered with, started
evicting farm occupiers.

"They used different strategies from ending employment, (to) converting
their farms into game reserves or tourism ventures forcing occupiers to
reduce their livestock, employing private security guards to intimidate
occupiers ... and denying access to clean water," he said.

He also accused the farmers of employing illegal immigrants and then calling
the police to have them arrested when the time came to pay them.

Kubheka said given the cuts in Legal Aid Board resources and many lawyers'
reluctance to work for poor clients in remote areas, even the limited rights
of farm occupiers could not be defended.

The state-funded Legal Aid Board pays lawyers for helping
financially-strapped clients, but it has also felt the economic pinch.

Agri SA deputy president Lourie Bosman admitted farmers have become
increasingly reluctant to house people on their farms. The implementation of
legislation that formally gives rights to farm occupiers or dwellers has
left many farmers feeling "threatened by not having control over their own
property".

However, his proposal that workers be housed in agri-villages outside the
farms or in the local rural towns where they can become property owners was
rejected by conference delegates as being "akin to creating farm worker
concentration camps".

Women on Farms director Rita Edwards said farmers can reduce their labour
commitments by downgrading their force from permanent farm workers to
temporary contractors.

A recent labour department survey found more than 50% of farm dwellers want
to remain on the farms. This is despite farmers negotiating with local
authorities for land in the townships, that will enable them to use
government housing subsidies to move workers off the farms.

About 50 Landless Peoples' Movement representatives picketed at the
conference opening on Monday, claiming Land Affairs Minister Thoko Didiza
had reneged on promises to hold a national land summit before the end of the
year.

Opinion & Analysis: Page 11Comment: Page 11

Nov 29 2001 12:00:00:000AM Nicola Jenvey