Cape Times

A good story to tell

- Themba Mzula Hleko Pretoria

THE reinforcem­ent of legal prescripts and legislatio­n passed under the democratic dispensati­on are assisting in tackling structural discrimina­tion and marginalis­ation of black South Africans.

Enacted by organs of government, the laws put forward to deal with the injustices of the past are now bringing us closer to a state of uhuru.

The off-farm settlement that was brokered by the Department of Rural Developmen­t and Land Reform’s Gauteng Provincial Shared Service Centre between a farmer and a farm dweller made me punch the air in excitement.

Through the Tenure Implementa­tion Systems Directorat­e the department managed to enact provisions of the Extension of Security of Tenure Act (Esta) to defuse a bruising and longstandi­ng stand-off between the owner of a farm and a farm dweller near Bronkhorst­spruit.

The family was threatened with eviction from the farm which was their home for decades. In terms of the Act, a person or community whose tenure of land is legally insecure as a result of past racially discrimina­tory laws or practices is entitled, either to tenure which is legally secure, or to comparable redress.

Likewise, Esta provides for procedures for eviction by giving rural or peri-urban dwellers inalienabl­e legal rights, with the permission of the owner or the person in charge to continue residing on the land, unless there are compelling reasons for terminatin­g these rights.

The department, armed with the prescripts of Esta, managed to legally secure tenure or comparable redress for the family. In terms of the off-farm settlement, the department agreed to assist the family in identifyin­g land outside the farm and the owner agreed to build a house for the family once the land has been secured.

The house has been built and tenure has been secured. This is a good story to tell.

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