Date: 21/02/2022
In 2016, ownership of the farms that were leased to different farmers, some of by the Department of Rural Development and Land Reform was transferred from the State to Land claimers in settlement of a land claims lodged against the Farmers. This was done in circumstance in which the Farmers who have been residing and conducting farming operations on the farms for over 40 years, have not been consulted regarding the settlement on the land claims. No arrangements were made with the farmers or alternative land and relocations support were offered.
The transfer of the farm to the Land Claimers resulted in the Farmers being harassed, threatened and facing eviction.
The Farmers approached Lawyers for Human Rights (LHR) for legal assistance. LHR made attempts to find an amicable solution to this problem, however these attempts were unsuccessful. LHR then launched an application to the Land Claims Court for the following relief:
Judgement was handed down on 7 February 2022 by the Acting Judge Barnes of the Land Claims Court granting the relief sought by LHR, with a condition that the parties involved must have a meaningful engagement amongst them failure which the judgment order will take effect.
“It is a great concern to us that the current government callously failed to support black commercial farmers. These farmers were completely ignored in this process, blindsided and treated with contempt. If this government is serious about land reform, they would not simply tick the box of transferring land but would ensure that due process is followed and that the rights of black farmers are acknowledged and supported” said Louise du Plessis, LHR’s Land and Housing Programme Manager.
Support for this case was generously provided by the Open Society Foundation.
For further information, contact:
Louise du Plessis, Head of LHR Land and Housing Programme
Email: louise@communitylaw.co.za
Tel: 082 346 0744
