“The eviction of farm dwellers”

Presentation to the Select Committee on Agriculture and Land Affairs

27 February 2007

Introduction

On 1 June 2005, the SAHRC briefed this Committee on the Commissions “Final Report on the Inquiry into Human Rights Violations in Farming Communities” (August 2003).

3 Areas

land rights and tenancy

safety and security

economic and social rights

Commissions’ mandate

a)   Promote respect for human rights and a culture of human rights;b)   promote the protection, development and attainment of human rights; andc)  Monitor and assess the observance of human rights in the Republic[.

Section 184, The Constitution of the Republic of South Africa, Act 108/1996

The impact of evictions on human rights

a) The lack of legal services for farm dwellers to claim and enforce their rights

b) The lack of emergency services and programmes for farm dwellers who have been evicted.

c)   The lack of land programmes for farm dwellers in terms of ESTA in order to ensure security of tenure

Evictions within a human rights framework

“Section 25(6) A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by and Act of Parliament, either to tenure which is legally secure or comparable redress.”

ESTA

Extension of Security of Tenure Act 92/9710 years old?10 years new?

Provisions of ESTA

Largely proceduralComplicated and technicalS4 subsidiesADR is provided forCriminal offence to evict

The changing face of agriculture and labour on farms

GlobalizationNew labour lawsESTA

The number of evictions

Very little researchLack of accurate data and statistics“Still searching for Security, the reality of farm dweller evictions in South Africa” , December 2005

Number of persons evicted Source: Still searching for Security, December 2004, p46

Evicted 1984 – 1994

Evicted from farms 1 679 417– Evicted but relocated to other farms and

small holdings109 185 (6.5%)– Left farms completely due to evictions1

570 233 (93.5%)

Legally evicted by means of a court order 19 300 (1.15%)

Evictions 1994 – 2004Source: Still searching for Security, December 2004, p46

1994 13% 122 6261995 9% 83 5751996 12% 111 6511997 14% 126 1961998 7% 63 7711999 9% 87 5032000 6% 57 0302001 3% 22 9242002 6% 59 8782003 15% 138 3082004 6% 56 813TOTAL 100% 930 275

Provincial Analysis

Gauteng 22.4%KZN 20.1%Eastern Cape 10.7%Western Cape 10.6%Limpopo 9.7%

The multi fold impact on human rights of evictions

“Motho ke motho - ga ana bosehlana (a human being is a human being, there is no lesser human being)”

 

“The idea, that human life has equal worth, and that this is the core value that unites us, invites us to ask whether we have done enough to give practical effect in South Africa today to our shared humanity. Have we acted in a manner that shows that human life has equal worth? Or do we still live in a society where the shadow of history dominates over the opportunities of an open society.”

Trevor Manuel, Budget Speech, February 2007

Section 10

Everyone has the right to inherent dignity and the right to have their dignity respected and protected.

Section 9(1)

Everyone is equal before the law and has the right to equal protection and benefit of the law.

Section 9(4)

Section 9(4) No person may unfairly discriminate directly or indirectly against anyone

Section 12(1)

Everyone has the right to freedom and security of the person which includes the right – (c) to be free from all forms of violence for either public or private sources

Section 25

Section 25 No one may be deprived of property

Section 26

Section 26 (1)Everyone has the right to adequate housing(3) No one may be evicted from their home, or have their home demolished without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

Section 27

Everyone has the right to have access to health care services, and sufficient food and water.

Section 29

Everyone has the right to basic education

The lack of legal services for farm dwellers to claim and enforce their

rights 2/3 of evictee families had wanted assistance75% did not know where they could get assistanceIn 6 out of 7 cases from Worcester - farm dwellers did not have legal representation and were not present in court when the eviction order was granted

The lack of emergency services and programmes for farm dwellers

who have been evicted Municipalities gave food parcelsCouncilor committee’s assisted in arranging electricity and piped water

The lack of land programmes for farm dwellers in terms of ESTA in order to ensure security of tenure

Relocation settlement type: – Formal urban 38.3%– Informal urban 29% – Traditional rural 14% – Rural townships 10.5% – Farms 5.5% – Informal rural 1.4% – smallholdings 1% – Industrial 0.2%

Source: Still searching for Security, December 2004

Impact

high levels of unemployment and poverty. increase in malnutrition,an inability of households to cover the costs of education resulting in children leaving school early; an increase in the number of people living in overcrowded conditions; as many as 80% of households being dependent on welfare grants and pensions for survival, a rise in teenage pregnancies and HIV infections and an increase in alcohol and drug abuse which often leads to increased levels of domestic violence and sexual abuse. Source: Still searching for Security, December 2004, p173

The way forward

Research and monitoringInform farm dwellers of their rightsLegal Aid Board must do more awareness raisingAlternative dispute mechanismsSpecific land redistribution projectsHolistic approach, including emergency programmes