Pensioner claims unlawful eviction from farm

CALITZDORP pensioner Martha Pretorius, 66, has lodged a complaint with the South African Human Rights Commission against Kruisrivier Farm’s owners for her “unlawful eviction” from the farm she called home for more than 50 years.

Pretorius has also filed a court application to compel farm owner Jak Bekker sr, 75, to pay R45 000 for damages and loss of her belongings due to what she argued was unlawful eviction in terms of the Extension of Security of Tenure Act (Esta).

She said her occupation of about 55 years on Kruisrivier came to an end when her home caught fire while she was collecting wood in the nearby veld.

When she arrived at the scene, residents had only managed to salvage a mirror from the living room. Despite the house having water and taps, no one attempted to douse the fire, she said in her application to the commission.

She said no one had called the fire services, and none of the farm labourers had any means to douse the fire.

Pretorius said her parents had worked for the Bekkers and were buried on the farm.

“The owners outright refused this, and have not been responding to any further communication from ourselves and the department (Rural Development and Land Reform) official.

“They are deliberately avoiding any communication,” said Pretorius.

Her legal counsel, Charlton Brown, said their application had been filed earlier this year in the Calitzdorp Magistrate’s Court.

“My client has a legal right to receive compensation due to the suffering she has endured under section 14(3) of Esta legislation. There was a delay in filing our papers as many farms use the Kruisrivier name in the region, and therefore the application had to address the owner,” said Brown.

The matter was scheduled for July to give Bekker’s legal counsel time to respond.

Bekker confirmed receiving papers from the commission this week.

“It was unfortunate that Martha’s house burnt down, but we are not going to build her a new home. She is not able to live on her own, and her daughter should rather place her in an old age home. I am disappointed by her decision to take us to court, but be that as it may we will then have to take this matter to court,” said Bekker.