Security of tenure law gives protection to farmworkers against illegal eviction
COSATU hailed President Cyril Ramaphosa’s signing of the long-awaited Extension of Security of Tenure Amendment Act.
The act was passed by the National Assembly a year ago and is aimed at curbing the illegal eviction of farmworkers.
It provides for proper consultation before a landowner can evict farm dwellers or occupiers, and for negotiations with municipalities for alternative accommodation.
Cosatu’s Parliamentary Co-ordinator, Matthew Parks said the legislation was delayed for far too long and should now be implemented as a matter of urgency by all spheres of the government. “It (the legislation) will add further protections to farmworkers and their families from evictions from their homes and farms.
“It will strengthen their rights for their homes to be maintained in decent conditions by the farm owners.
“It will establish land rights management boards and committees to resolve disputes and help drive land reform.
“Organised labour and tenants are to be part of the board and committees,” he said.
Parks said much more needed to be done by the government to drive land reform and provide support for farmworkers, their families, emerging farmers and this critical economic sector as a whole.
Activists have argued that a moratorium on farm evictions is necessary to secure the tenure rights of all farm dwellers.
Lobby group Women on Farms were working with the Department of Rural Development and Land Reform to curb unlawful farm evictions, helping more than 200 families in eviction-related matters in the Drakenstein region this year.
Drakenstein Municipality this year confirmed there were 1127 eviction cases in the region, of which 434 were before court.
Specific progressive and pro-worker provisions of the act include expanded definitions of farmworkers’ families and dependents. The bill will further protect farm workers and their families from evictions, expanding and further clarified the definition of farmworkers’ relatives and dependents.
It compels farm owners to maintain workers’ homes in a decent condition, and allows farmworkers to make repairs to the homes.
Workers have the right to erect, maintain and visit relatives’ graves on farms, even if they no longer live on the farm.
Evictions can only take place if a court order is issued and if the evictees are present and legally represented.
Parks said it was critical for the government to prioritise farmworkers and their families in its land reform, restitution and redistribution programmes.
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