Farm Worker Evictions: Human Rights Council briefing

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LAND AND ENVIRONMENTAL AFFAIRS SELECT COMMITTEE

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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