Agri SA makes submission to Portfolio Committee regarding tenure issues

"The objectives of the government's legislation to secure tenure for farm workers often give rise to unintended consequences, as evidenced, amongst other things by the persistent job losses on farms. If agriculture is to contribute to more and better job opportunities, the government must ensure that farmers are not burdened by uncertainties and costs which undermine the viability of their farming operations."

This was core to a submission that Agri SA made today in Cape Town to the Portfolio Committee on Rural Development and Land Reform during public hearings on issues affecting farm workers.

Agri SA warned that the tenure security programme in terms of the Constitution was highly complex and sensitive and seemed to be difficult to implement. This is so because it tries to balance competing rights on the same land. Experience with existing legislation in this regard has shown that ill-considered legislation could easily have an unintended outcome.

Agri SA pointed out the shortcomings in existing legislation, such as the Extension of Security of Tenure Act and the Labour Tenants Act and also referred to the dismal failure of the implementation of such legislation.

Although the Portfolio Committee chair, Mr Stone Sizane, indicated that these hearings were not intended to deal with the Draft Tenure Security Bill and that hearings on the bill would take place later, Agri SA commented on aspects of the Bill and the justification for such drastic legislation.

The draft Bill is apparently an effort to address shortcomings in current legislation and has noble objectives, such as maintaining production discipline and promoting harmonious relations on farms. Agri SA warned, however, that the unlimited rights proposed by the Bill in favour of farm dwellers could, in fact, have the opposite effect and that the Bill addresses very few of the shortcomings in existing legislation.

Agri SA asked for independent and comprehensive research into the extent of and reasons for farm evictions. The organisation also advocated policy and legislation based on facts rather than perceptions.

Issued by Agri SA, Directorate: Corporate Liaison, March 16 2011

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