Working and living conditions of farm workers, farm dwellers, farming communities & farmers

Meeting report

Co-chairperson Mandela convened the virtual meeting and welcomed the Members from the two Portfolio Committees. He stated that the purpose of this virtual meeting was for the Portfolio Committee on Agriculture, Land Reform, and Rural Development and the Portfolio Committee on Employment and Labour to receive a briefing from their Content Advisors on the way forward on the plight of farm workers and communities. They were presented with a discussion document with the title, Framing an approach for coordinated oversight on the working and living conditions of farm workers, farm dwellers, farming communities, and farmers.

Briefing on farming communities by the Content Advisors

Ms Nokuzola Mgxashe, Content Advisor to the Portfolio Committee Agriculture, Land Reform, and Rural Development, presented the briefing to the two Portfolio Committees.

Background to the mandate of the Committees

Members were told that the meeting stemmed from a resolution taken by the National Assembly on 10 November 2020, which mandated the two Portfolio Committees to conduct joint oversight activities on the implementation of legislation aimed at improving the living and working conditions of farm workers, farm dwellers and farmers. The two Portfolio Committees were also mandated to look at government’s commitments towards improved living and working conditions in farming communities. This included work done by different stakeholders in the agricultural sector, an assessment of the impact of legislation affecting farm workers and to make recommendations for legislative amendments.

The context of oversight and accountability

The briefing pointed out that, according to sections 55(1) and 68 of the Constitution, Parliament had a constitutional mandate for oversight over Executive action. Parliament must continuously question the extent to which it contributed to the processes involved in the establishment of a society based on democratic values and the advancement of human rights and freedoms in building a united and democratic South Africa. Oversight entailed the informal and formal scrutiny exercised by legislatures in respect of the implementation of laws, the application of the budget, and the strict observance of statutes and the Constitution. In addition, and most importantly, it entailed overseeing the effective management of government departments by individual members of Cabinet in pursuit of improved service delivery for the achievement of a better quality of life for all citizens.

Defining the scope for oversight

The briefing described various objectives for the Committees.

The first objective was to assess the progress in implementing government commitments to improving the working and living conditions on farms. This objective was broken down into four separate focus areas:

•  Focus area no. 1: Secure land access and tenure security. Members were told that Section 26(3) of the Constitution prohibited the evictions of persons from their homes and the demolition of their homes without a court order. The outcomes of this provision were the Extension of Security of Tenure Act (ESTA), the Land Reform (Labour Tenants) Act (LTA), and the Prevention of Illegal Evictions, and Unlawful Occupation of Land Act. Redistributive components in the ESTA and the LTA provided for on and off-farm settlements for farm dwellers and labour tenants. Policies and programmes included Farm Share Equity Schemes and measures to strengthen relative rights of people working the land. Other relevant laws included the Spatial Planning and Land Use Management Act, and the Local Government: Municipal Systems Act.

This focus area was based on assumptions that privately-owned commercial farms were accessible for oversight visits and that data was accessible from government departments, statutory bodies, the private sector and other non-governmental organisations. It assumed there would be an adequate budget to fund a programme to analyse the implementation and outcomes of legislative and policy provisions and provide rapid evidence assessments on specific policies. 

• Focus area no. 2: Labour relations and conditions of work. The Committees were told that the implementation outcomes included the following pieces of legislation: The Occupational Health and Safety Act; the Compensation for Occupational Injuries and Diseases Act 130; the Labour Relations Act; the Unemployment Insurance Act; the Basic Conditions of Employment Act; and the Employment Equity Act 55. The two Portfolio Committees were also tasked with the assessment of current Bills, including: the Compensation for Occupational Injuries and Diseases Amendment Bill; the Employment Equity Amendment Bill; and the Health and Safety Amendment Bill. Other policy documents to be used include the International Labour Organisation (ILO) Convention 190 and the National Employment Policy.

This focus area was predicated on assumptions that privately-owned commercial farms were accessible for oversight visits and that data was accessible from government departments, statutory bodies and non-governmental organisations. It assumed there would be an adequate budget for analysis of policies. It assumed that stakeholders were willing to participate alongside other interested or affected parties.

• Focus area no. 3: Basic services. The Committees heard that section 26(1) of the Constitution provided the rights to adequate housing and other basic services. This obligated the state to create conducive conditions for all its citizens to access affordable housing, which included the implementation of housing initiatives on farms. Provisions for on and off-farm housing and settlements could be found in the ESTA, the LTA, the Social Housing Act and the National Housing Programme for Housing Assistance for Farm Residents. Public-private partnerships were crucial for the provision of better housing for farm workers.

Members were told that Section 26(1) of the Constitution provided the rights to healthcare, food, water, and social security. The applicable legislation and programmes included the National Health Act; the National Water Act; the Social Assistance Act; the Free Basic Water Implementation Strategy; the Free Basic Sanitation Implementation Strategy; and the National Policy on Food and Nutrition Security.

This focus area too was based on assumptions about access to farms and data. It also assumed there would be collaboration with the relevant Parliamentary Committees in the National Assembly and in the National Council of Provinces.

• Focus area no. 4: Rural safety. The briefing said section 12(1) of the Constitution provided that everyone had the right to freedom of security of the person, which included the rights to be free from all forms of violence from either public or private sources; and not to be treated or punished in a cruel, inhumane, and degrading way. The adequate implementation of legislation and initiatives would ensure that farming communities had equitable access to policing and courts. The applicable legislation and programmes included the implementation of the National Rural Safety Strategy; the South African Police Service Amendment Act; the Stock Theft Act; the Animal Identification Act; the Intimidation Act; the Criminal Matters Amendment Act; and the Protection from Harassment Act. This focus area is predicated on assumptions about accessible data, collaboration with the relevant Parliamentary Committees and the participation of private sector actors and civil society organisations in the process.

The Committees were told that a second objective was to conduct impact assessments of the relevant legislation, as identified.

A third objective was to enquire about private sector initiatives and assess their effectiveness. This objective was predicated on the willingness of stakeholders and private sector actors to participate in the process in order for the two Portfolio Committees to document the public-private partnership initiatives in play, to assess the role of the government and legislative measures in enabling successful partnerships, and lastly to draw policy lessons for future interventions.

The Content Advisors outlined the proposed implementation phases and timeframes for the two Portfolio Committees in fulfilling the mandate given by Parliament. This consisted of four phases that were scheduled to be completed by the end of November 2021.

Discussion:

Co-chairperson Mandela thanked the Content Advisors for the presentation and for the work that had been done in compiling the breakdown and timeframes.

Ms M Tlhape (ANC) welcomed the presentation and the collaborative effort between the two Portfolio Committees in compiling the briefing. Such a collaborative approach would enable the two Portfolio Committees to work together well to achieve the set programme well ahead of the deadline set by Parliament. She stated that it is a relief for the farming sector that matters had now come to the attention of Parliament, as farm workers and dwellers had never really enjoyed the fruits of democracy. She requested that the timeframes given be incorporated into the schedules of the two Portfolio Committees to ensure that progress was made timeously. The Committees would have to push hard to work around the disruption to timeframes of the upcoming local government elections.

Mr N Capa (ANC) also appreciated the briefing by the Content Advisors. He stated that the mandate of the two Portfolio Committees to address the issues of land and agriculture in the country was especially important. It was paramount that the living and working conditions of farm workers be addressed as a priority in this process. He expressed concern that the focus areas were predicated on positive assumptions and did not include any negative tendencies of white commercial farmers who treated their people in their own set ways. These assumptions must also be included, otherwise the two Committees risked not paying enough attention to these issues when fulfilling their mandate.

Ms A Steyn (DA) commented that when the two Committees discussed the living and working conditions of farm workers and dwellers, it was crucial that the rights to healthcare, education, and transport be included and discussed thoroughly. The discussions could also extend to include recommendations from the relevant government departments on the issues and challenges experienced by farm workers.

Mr N Matiase (EFF) welcomed the presentation. He reminded Members that the original mandate of the two Portfolio Committees was to focus on the living and working conditions of farm workers and dwellers, specifically. He raised concern that the inclusion of farmers could serve as a distraction. It was true that farmers also experienced unique challenges, but the focus of the resolution by the National Assembly was on farm workers, dwellers, and labour tenants. This included other types of labour relations that were class exploitative in nature. The rights to dignity and a living wage must be the pivotal point of the Committees’ discussions. 

Ms B Tshwete (ANC) agreed with Mr Matiase and stated that the realisation of the human rights of farm workers, dwellers, and labour tenants must be the main purpose of the discussions.

Mr S Mdabe (ANC) stated that another government department that must be included was the Department of Home Affairs, due to the nature of the distance between the farming communities and offices of the Department. It was crucial that farm workers, dwellers, and labour tenants be enabled to access these basic services. The economic transformation of the agricultural sector must be kept in mind during the process of discussions and deliberations of the two Portfolio Committees.

Mr M Bagraim (DA) appreciated the presentation. He referred to the comment by the Minister of Employment and Labour that farmers had been compliant with the law on mandatory minimum wages. The two Portfolio Committees must ensure that they used the research done by the Department of Employment and Labour in this regard. He stated that the productivity of farms and farm workers should also be considered, as well as the unions within the farming community.

Ms T Breedt (FF+) stated that the two Portfolio Committees had a significant task ahead in terms of the volume of work that needed to be evaluated and investigated. The task of the two Committees was not a fault-finding mission, but an assessment of the progress and challenges in the implementation of existing legislation surrounding the working and living conditions of farm workers, farm dwellers, and labour tenants. She agreed with Ms Steyn that it was crucial that the rights to healthcare, education, and transport were included and discussed thoroughly, as these continued to be issues faced by South Africa’s rural communities.

Ms C Mkhonto (EFF) suggested that the two Portfolio Committees also investigate the law surrounding child labour, particularly in the farming sector. The purpose of the process was to ensure that farm workers, farm dwellers, and labour tenants were protected from abuse and exploitation.

Ms H Denner (FF+) suggested that the two Portfolio Committees include agricultural organisations, labour organisations, and trade unions in the scheduled public hearings in order to gain additional insights.

Ms T Mbabama (DA) echoed Ms Tlhape’s concern about the disruption to timeframes of the upcoming local government elections.

Co-chairperson Mandela thanked the Content Advisors for the two Portfolio Committees, and the Members for the joint meeting and their engagements with the information.

The meeting was adjourned.