NATIONAL
AFRICAN FARMERS UNION OF SOUTH AFRICA
As presented to the
National Portfolio Committee 4 March 2008
Since 1994, the government of South Africa has put in place a number of
instruments and legislature, and other measure towards the realization of the
Constitution of South African that provides for the rights to have access to
adequate housing and the protection against arbitrary evictions. Yet despite
these efforts by government, evictions are regular occurrences in the country.
NAFU SA noted that a range of documents have reached our offices over this
matter, including human rights reports, making the matter of evictions for our
country an urgent concern requiring immediate actions that are hinged strongly
with overall land reform solutions.
Between 1995 and as early as 2005, It was reported (UN Commission on Human
rights report), that 826 679 people in the country had been evicted and out of
this number, a large number of them were black farm dwellers. Also,
Understanding that large number of black South Africans that still live on
farms owned mostly by whites (by 2001, census 29 million), we foresee this as a
matter that is with us for a long time if no solution is found.
Thus, NAFU SA concerns are the following:
1. This situation is of great concern to NAFU SA in the protection of the
interest of the farmers we serve and the sector. Especially, as farm evictions
play out in a complexity of dynamics were the poorest and most vulnerable
members of our society are the key victims, who are evicted without prior
notice and at times in the most inhumane manner that poses human rights
questions.
2. The gendered nature of the evictions concerns the union whose effort towards
women empowerment is central
3. Further reports show that farm evictions are not abating but increasing and
continuing
4. the complexity of legislation on evictions and it porosity in allowing for
urgent evictions makes evictions swift and lack of adherence to any procedure
and any other requirements of thought around alternative accommodation
5. On the side of emerging farmers, NAFU SA observes The history of our
country, that makes the issue of rights and land complex as the procedural
requirements are not clear cut and often there is an overlap of rights and laws
- the issue of eviction must not be placed solely in the hands of the
"goodwill" of the farmer but clear procedure and laws must be in
place
Therefore NAFU SA Recommendations are as follows:
The situation requires an urgent holistic approach with realistic actions
that would assist:
·
Need
for information around evictions that is accurate and updated
·
Need
for voices of farm dwellers and farmers to be heard
·
Review
and tighten legislature for both occupiers and owners
·
Request
that the Human Rights Council urges the nation to adhere to the call of the UN
Special Rapporteur on adequate housing for a moratorium on evictions and until
all national, provincial and local legislation, policies and administrative
actions
·
Implementation
of well resourced programme for information and awareness around evictions and
related issues of land rights
·
Create
new sustainable settlements in farming areas, for example the idea of
agri-villages .
·
The
issue of land tenure and labour rights must be separated .
·
The
farming landscape must change to accommodate different types of settlements and
other viable economic alternatives
·
There
is need to restrict the practice of seeking urgent eviction orders without
prior and full exploration of all alternatives such as suitable accommodation
and without giving adequate notice to those to be evicted.