Forgotten Citizens: A case for farm dwellers By Thabo Manyathi

1. Introduction “Awakening on Friday morning, June 20, 1913, the South African native found himself, not actually a slave, but a pariah in the land of his birth” – Sol Plaatjie History Of land dispossession – Colonialism and apartheid Creation of a farm dweller – Act of dispossession Need for political redress

Creation of a farm dweller – Act of dispossession “Farms came to the people. Our great grandparents were already here when the land was ruled by Amakhosi. The Amakhosi were removed through wars between AmaZulu and the Whites, with the intention to grab our land and make it their own. The Zulus failed. That is why we are being oppressed by the whites. We do not have a say with regard to land ownership. That’s how our grandparents found themselves oppressed just as we are”

“Because of the history of apartheid in South Africa white people came to our country and took everything we had including livestock, land etc and as a result of that we ended up dependant on them.” “It’s because of battles that took place. Black people lost and White people took all the land. They placed us in small places in the townships and divided us and made us their slaves. The new government is a ploy to make us think we are being given our land back.” [Responses from a farm dweller in KZN when asked why there are farm dwellers on farms in South Africa – 2005 Workshop Report: AFRA]

2. Key legislations 2.1 Extension Of Security of Tenure Act Failure to stem evictions – Regulatory - little real protection vs real rights ▫ Close to 1 million people evicted since 1994 ▫ Disruption of family life, loss of schooling for children ▫ Loss of livelihood and creation of urban dwellers – RDP new Bantustans Tenure linked to employment and civil relations Constructive evictions eg denial of access to grazing land, access pathways

Limitation on livestock Eviction of women occupiers – Death of spouse Denial of burial rights Agreements are verbal – contested interpretation Enforcements weak – illegal impounding illegal evictions

2.2 Labour Tenant Act Better protection – land transfers – improvements on livestock Failure to process labour tenants applications lodged in 1999 Legal challenge – Mpumalanga Judgement, Cranham and Gongolo Denial of labour tenant applications by landowners Restoration of unproductive land Lack of post settlement support

Other issues: Lack of access to basic services – Private property notion Closure of farm schools Lack of effective and appropriate legal support for farm dwellers

3. Human rights abuses - Nature of abuses and violations Physical assault, Illegal impounding of livestock, Denial of cultural rights, Livestock rentals. Denial of visitation rights Failure to compensate workers for injuries on duties Unfair deductions to off set payment of minimum wages

Factors driving human rights violations and abuse Power relations in favour of landlords Conservative rural justice system – police, lawyers, magistrates and prosecutors Ineffectiveness of Chapter 9 institutions eg. Gender and human rights commission Lack of training on new legislations eg. Police, courts and local government

4. Principles for a new legislation Adopted at National Farm dweller workshop – Pietermaritzburg December )Farm dwellers are a distinct group of people, with particular needs they need targeted transformation programmes 2)Farm dwellers live as families- they require protection of family life and protection of tenure rights for all household members 3)Farm dwellers are dependent on natural resources for survival – they require secure access to agricultural land for food production

Principles for a new legislation - Cont 4)Farm dwellers are insecure as a result of multiple tenure rights- they require the right to exclusive real rights to land 5)Farm dwellers are equal citizens- they need access to fundamental rights 6)Farm dweller matters must be addressed urgently Moratorium on evictions Farm Dweller Citizens Bill FREE THE LAND – FREE THE FARM DWELLER

This is our home - it is our land, our history, our future and our right