Kirkwood farm pioneer’s interdict bid fails

An Eastern Cape game farm pioneer’s latest bid to interdict his farm workers, who he claimed had harassed and threatened him following the collapse of an empowerment deal, has been dismissed by a judge, but Arthur Rudman is not giving up just yet.

And while the farm owner’s attempt to appeal against the setting aside of a temporary interdict has since failed, his lawyer said on Wednesday they would now petition the Supreme Court of Appeal for relief.

Rudman will also forge ahead with an application to liquidate Blaauwkrantz Share Equity (Pty) Ltd, established in October 2005 for the benefit of some of his labourers.

The owner of the world-renowned Blaauwkrantz Safaris and Ranch near Kirkwood had claimed that his family had been threatened, and his business hampered, after some workers on the farm – who also happened to be beneficiaries of the trust – were dismissed due to transgressions such as stock theft.

While Rudman wanted out of the empowerment deal in which he had invested a substantial amount of capital, as well as a temporary interdict against the irate farm workers made final, acting Port Elizabeth High Court judge Apla Bodlani ruled that because his application was based on allegations of hate speech, he should have approached the Equality Court instead.

Bodlani confirmed his order last week as he dismissed Rudman’s application for leave to appeal, also ordering the farm owner to cover the costs of the drawn-out legal spat.

About 16 beneficiaries of the trust are meanwhile defending the application for liquidation, a matter which is still pending before the Port Elizabeth High Court.

Rudman’s attorney, Tiaan Labuschagne, said on Wednesday his instructions were now to petition the SCA.

Labuschagne, however, could not comment on the liquidation matter.

Speaking on behalf of the disgruntled workers, Khanyisa Education and Development Trust director Simphiwe Dada said the dismissal of Rudman’s application for leave to appeal was a significant victory for the constitutional rights to freedom of expression and association.

Dada said farm workers were still extremely oppressed and could not organise into movements if they were continually interdicted by wealthy commercial farmers.

Rudman had helped establish Blaauwkrantz Share Equity 14 years ago for the benefit of farm workers in his employ for five years or more.

The department of rural development and land reform invested R766,000 in the project, while the Rudman Family Trust invested R1.7m in accordance with its 51% shareholding agreement.

The family made a further R766,000 loan to the workers who, accordingly, became 49% shareholders.

It was apparently agreed that the employees’ trust would pay interest on the loan advanced by the Rudman Family Trust at 10% a year – an issue now in contention.

Things soured in 2008, when several employees were fired, marking the start of the strife which culminated in a protest at the front gate of the family farm on June 17 2017.

They have been embroiled in legal action ever since.

Rudman, meanwhile, said the beneficiaries had been farming without having to carry any expenses and that the project was not financially viable.

The annual running costs had been paid by members of the Rudman family – including windmills, pumps and water installation – for more than 12 years.

Judge Apla Bodlani ruled that he should have approached the Equality Court instead