COSATU welcomes the President’s signing of the long awaited Extension of Security of Tenure Amendment Act

28 November 2018

COSATU welcomes the President’s signing of the long awaited Extension of Security of Tenure Amendment Act. This law has been delayed for far too long.  It must now be implemented as a matter of urgency by national, provincial and local government.  Organised agriculture and farm owners must adhere to both the letter and spirit of the Act.

It will add further protections to farm workers 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 strengthen their access to relatives’ graves.  It will establish Land Rights Management Board and Committees to resolve disputes and help drive land reform.  Organised labour and tenants are to be part of the board and committees.

Specific progressive and pro-worker provisions of the Act include:

1.   Farm workers’ families and dependents definition expanded:

This bill will further protect farm workers and their families from evictions.  It has expanded and further clarified the definition of farm workers’ relatives and dependents.  This is critical as their rights to live on the farms will be protected as dependents of the farm workers.  Dependents now include the following relatives:

Spouses (including unregistered and customary);

Children (biological and adopted);

Grandchildren;

Parents; and

Grandparents.

2.   Farm workers’ homes

It compels farm owners to maintain the homes in a decent condition and allows farm workers to make repairs to the homes as well.

3.   Graves:

Relatives have the right to erect, maintain and visit relatives’ graves on farms even if they no longer reside on the farm.  Reasonable access must be provided by the farm owner.

4.   Evictions:

Evictions can only take place if:

A court order was issued.

The persons being evicted were present and legally represented at that court hearing;

-Government is to provide such legal representation for free to those being evicted.

Mediation should have been attempted first before proceeding to eviction; 

-The court should have been convinced that mediation will not be able to resolve the matter.

During reasonable weather conditions (e.g. not during bad weather).

5.   Land Rights Management Board and Committees:

Will oversee conflict and dispute resolution processes and help drive land reform efforts.

Will include representatives of affected stakeholders including organised labour.

Whilst welcoming the signing of this long delayed progressive Act.  Much more needs to be done by government to drive land reform and provide support for farm workers, their families, emerging farmers and this critical economic sector as a whole.  Other key related long delayed bills include:

Restitution of Land Rights Amendment Bill:

- (reopens the post 1913 land restitution claims period for 5 years)

Expropriation Bill and amendment of Section 25 of the Constitution:

- (fast track expropriation of land as part of land reform and restitution programmes, including instances where government should be allowed to expropriate without compensation or with partial compensation);

Regulation of Land Holdings Bill:

- (Prohibits future foreign purchasing of agricultural land and allows government to set limits on how much agricultural land one person can own);

Preservation and Development of Agricultural Land Bill:

- (Requires Department of Agriculture approval for rezoning agricultural land to prevent municipalities from rezoning agricultural land to build shopping centres, condos etc in pursuit of higher municipal rates); and

Communal Land Tenure Bill:

- Allows communal land residents the right to decide which type of governance to farm under e.g. traditional, CPA, cooperative etc).

It is critical that government prioritises farm workers and their families in its land reform, restitution and redistribution programmes.  This must include not just giving land and title deeds but also training, capital, equipment, seed, fertilizer, access to water etc. to ensure that these emerging farmers can survive and grow.  Otherwise they will be in effect set up for failure.

Issued by Matthew Parks, COSATU, Parliamentary Coordinator, 28 November 2018