Onoma Private Cellar vineyard | Picture; Supplied
Despite its maze of progressive laws and the repeal of several infamous apartheid legislation, including the Native Land Act, farmworker evictions have relentlessly continued in South Africa, with Western Cape fruit, vegetable and wine farmers taking the lead in forced removals, if the plight of several families facing an uncertain future in the province – amid the floods and winter, is anything to go by.
According to Witzenberg Justice Coalition (WJC) member Naomi Betana, the scourge of farmworker evictions was rife in the Dankbaar, Rosenhof and Koelfontein farms of Witzenberg, with the elderly and longest-serving farmworkers not spared.
“While many were celebrating Father’s Day on Sunday, the WJC had no other option but gather and discuss the high levels of farm worker evictions in the area.
“There is the case of the elderly couple – Jan (81) and Sarie Beukes (76), who were evicted from the Dankbaar farm, having settled in the area in 1993 as workers.
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“If you have lived on the farm for 10 years, you should be entitled to land-tenure rights.
“Dankbaar has another two eviction applications lined up and due to come before court.
“With a high court application pending, Rosenhof farm, Koelfontein has had engagements scheduled with four affected families.
“A disturbing trend we have picked up in all eviction cases, is that lawyers representing farmers have switched sides – they once served as candidate attorneys at the Stellenbosch Law Clinic, assisting farm workers.
“Having strategically positioned themselves, the have now seen an opportunity in representing farmers in eviction cases.
“Farm workers have no legal representation and this is of great concern – leaving them vulnerable to lose in any court challenge,” explained Betana.
Added Betana: “Jan Beukes has been on Dankbaar farm since 1992, but dismissed in 2017.
“He is the father of four children, who include two daughters – one in matric, and another doing Grade 9 at Ceres Secondary
“The 7th of June 2023, marked a turning point for this family, with life unlikely to be the same again.
“It all happened when they left home in the early morning – children going to school by bus – since it is exams and his pregnant wife going to Annie Brown Clinic for a checkup.
“When WJC members arrived at their home, you could see the confusion and fear on their faces, with the sheriff having ransacked their home and thrown their belongings on the street.
“Kids were still in school uniform and books thrown all over. “The farmer and the authorities could have shown humanity.”
Married with five children, an unemployed Jim Tewas (38) was born and worked on the farm Dankbaar.
Also facing removal, the eviction case of Tewas is due to be heard in court this week.
“If someone has worked for you for so many years and then one day you decide to push him, his family and belongings into the streets in this cold weather, it becomes inhuman,” said Betana.
She said: “The Witzenberg Justice Coalition condemns the evictions of the legally-defenceless fam workers, some of whom have lived in the area for several years.
“We call on the Human Rights Commission to intervene in stopping these evictions on Western Cape farms – especially now when we are facing heavy rains and winter.”
Reverend Chris Nissen of the Human Rights Commission was not available for comment.
The Prevention of Illegal Evictions and Unlawful Occupation Act 19 of 1998 and the Extension of Security of Tenure Act 62 of 1997 (ESTA) regulate evictions in South Africa, with ESTA covering evictions in respect to farms and agricultural land.
ESTA covers people who live in rural areas, on farms and on undeveloped land.
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