The eviction of farm dwellers

1
The eviction of farm dwellers

• Presentation to the Select Committee on
  Agriculture and Land Affairs
• 27 February 2007

2
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
3 Areas

• land rights and tenancy
• safety and security
• economic and social rights

4
Commissions mandate

• a)   Promote respect for human rights and a
  culture of human rights
• b)   promote the protection, development and
  attainment of human rights and
• c)  Monitor and assess the observance of human
  rights in the Republic.
• Section 184, The Constitution of the Republic of
  South Africa, Act 108/1996

5
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

6
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.

7
ESTA

• Extension of Security of Tenure Act 92/97
• 10 years old?
• 10 years new?

8
Provisions of ESTA

• Largely procedural
• Complicated and technical
• S4 subsidies
• ADR is provided for
• Criminal offence to evict

9
The changing face of agriculture and labour on
farms

• Globalization
• New labour laws
• ESTA

10
The number of evictions

• Very little research
• Lack of accurate data and statistics
• Still searching for Security, the reality of
  farm dweller evictions in South Africa ,
  December 2005

11
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)

12
Evictions 1994 2004Source Still searching for
Security, December 2004, p46

• 1994 13
  122 626
• 1995 9
  83 575
• 1996 12
  111 651
• 1997 14
  126 196
• 1998 7
  63 771
• 1999 9
  87 503
• 2000 6
  57 030
• 2001 3
  22 924
• 2002 6
  59 878
• 2003 15
  138 308
• 2004 6
  56 813
• TOTAL 100
  930 275

13
Provincial Analysis

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

14
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

15
Section 10

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

16
Section 9(1)

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

17
Section 9(4)

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

18
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

19
Section 25

• Section 25 No one may be deprived of property

20
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.

21
Section 27

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

22
Section 29

• Everyone has the right to basic education

23
The lack of legal services for farm dwellers to
claim and enforce their rights

• 2/3 of evictee families had wanted assistance
• 75 did not know where they could get assistance
• In 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

24
The lack of emergency services and programmes for
farm dwellers who have been evicted

• Municipalities gave food parcels
• Councilor committees assisted in arranging
  electricity and piped water

25
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

26
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

27
The way forward

• Research and monitoring
• Inform farm dwellers of their rights
• Legal Aid Board must do more awareness raising
• Alternative dispute mechanisms
• Specific land redistribution projects
• Holistic approach, including emergency programmes