Farm Worker Evictions: Human Rights Council briefing
NCOP Land Reform, Environment, Mineral Resources and Energy
27 February 2007
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Meeting report
LAND AND ENVIRONMENTAL AFFAIRS SELECT COMMITTEE
27 February 2007
FARM WORKER EVICTIONS: SOUTH AFRICAN HUMAN RIGHTS COMMISSION BRIEFING
Chairperson: Rev P Moatshe
(ANC)
Documents Handed Out:
Farm Worker
Evictions: South African Human Rights Commission briefing
The Eviction of Farm
Dwellers Presentation
Audio
Recording of the Meeting
SUMMARY
Members were briefed by the South African Human Rights Commission (SAHRC)
about the eviction of farm workers in a human rights context. The briefing
highlighted the significant problems encountered by farm workers once they had
been evicted. The lack of representation and education about the legal
processes following an eviction had put farm workers in a vulnerable
position. Two evicted farm workers gave
personal accounts of their ordeal during and after their eviction.
Members were deeply concerned about the farm workers and pledged support
through further research and consultations with the relevant bodies. Members
noted that positive evictions should also be recognised as it provided the
correct procedure and lessons for the Committee. Members questioned whether the
SAHRC had the capacity to deal with the farm worker evictions on a national
level.
MINUTES
SAHRC briefing
Ms Sarah Buekes and Mr Michael Morobe, evicted farm dwellers, both gave personal accounts
of their evictions. They had both been working on their respective farms for
many years but had been abruptly evicted without having gone through the proper
procedures. They pleaded with the Committee for Government intervention and
assistance for farm workers that had shared the same experience.
Ms Judith Cohen, SAHRC Parliamentary Officer, briefed the Committee on the
eviction of farm dwellers. She noted that the briefing should be understood in
a human rights context. The presentation highlighted three areas that civil
society and government could actively engage in. 1) The lack of legal services
for farm dwellers to claim and enforce their rights, 2) the lack of emergency
services and programmes for farm dwellers who have been evicted and, 3) the
lack of land programmes for farm dwellers in terms of the Extension of Security
of Tenure Act 25 (6) 1997 (ESTA). She noted that ESTA was largely a procedural
piece of legislation and therefore did not adequately protect the rights of
farm workers.
The impact of the evictions had been multi-fold. Young and old farm workers
were becoming more vulnerable as farm owners had applied rules that had avoided
the provisions of ESTA. The number of evictions had steadily risen,
many of them being forced evictions, in the last decade causing health and
economic hardship for many farm workers. She noted that evictions were a clear
violation of the Constitutional process and the Bill of Rights.
Recommendations by the SAHRC to address the eviction problems included an
urgent need for further research and monitoring to establish the number of
evictions taking place, education initiatives to inform farm dwellers of their
rights, interaction with the Legal Aid Board to discuss alternative methods of
dispute resolution such as mediation, an effort by the Department to establish
specific land redistribution projects for evictees who wish to remain in a
rural setting and a concerted holistic approach that respects the human rights
of each and every farm dweller.
Discussion
The Chairperson thanked the SAHRC for an informative briefing and expressed
concern for farm worker treatment. He noted that is was the responsibility of
all South Africans to actively assist farm worker uphold their rights.
Mr M Mzizi (IFP, Gauteng)
noted that one of the main problems was that there was no written contract
between the form worker and the farm owner. This had made it difficult for
legal action to take place. He also stated that evictees did not know the
procedure to follow after they had been evicted and therefore education about
the framework should be provided for the dwellers.
Prof Fred Hendriks noted that a possible solution lay
with the ESTA. He stated that farmers had managed to get around the existing
law and therefore ESTA had to be revised to avoid this. He noted that dedicated
courts should be created to deal with evictions and emergency numbers should be
provided for farm workers.
Ms Cohen noted that more statistics were urgently needed. She stated that ESTA
had not been working adequately and that a more holistic approach should be
adopted. She noted that alternative methods of dispute resolution were
imperative. Engagements were taking place between the SAHRC and landowners to
settle clashes.
Mr R Tau (ANC, Northern Cape) stated that the
Committee will deal with problems facing farm workers. He noted that the
recommendations will be taken into account and action will be taken with the
help of the Department.
He was concerned about the anti-poor rulings by the Land Claims Court and
questioned whether the rulings were in the best interest of the people. He
asked whether there were any positive encounters between farm workers and farm
owners regarding evictions.
Ms Cohen responded that the current situation was predominantly negative but
that few positive stories had were acknowledged. She noted the number of
cooperative farm owners could not be provided because there were no monitoring
mechanisms in place.
Mr V Windvoel (ANC, Mpumalanga)
noted that Committee should prioritise issues raised from the briefing. He
noted that positive stories can be used as examples. He stated that a joint
effort by the National Assembly and the Provincial Legislators was required to
address the farm worker evictions.
Mr Tau (ANC, Northern Cape) asked what systems could
be put in place to assist farm workers. He questioned the capacity of civil
society to respond to the eviction problems.
Ms Cohen responded that evictions were done in terms of ESTA. She noted that
difference between the legal process and social justice was that the legal
system was highly regulated and therefore procedural and did not reflect the
social reality.
The Chairperson asked whether eviction hotspots were identified and whether the
SAHRC had the capacity to deal with human rights issues on a national level.
Ms Cohen responded that the hotspots mentioned were anecdotal and that further
data could be sent to the Committee in a supplementary document.
She replied that the SAHRC recognises that it does not have endless capacity
but that it will challenge itself to face critical issues all over the country.
The meeting was adjourned.
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