The Fires of Kruisfontein
The Ortmann family should be celebrating the 150th anniversary of the founding of their farming business in the KwaZulu-Natal Midlands. The sugar and timber estate, centred on the farm Kruisfontein outside New Hanover, is run by the fifth generation of the family, brothers Dieter and Reinhard with their cousin Rupert and farm manager Andrew Smith.
It offers employment to over 90 full-time and 35 seasonal workers. But rather than being able to focus on the landmark, they have become embroiled, through no fault of their own, in a nasty dispute. This resulted in the Gumede family, who had occupied one of the labourer’s houses on the farm being temporarily removed from the farm by order of the Land Claims Court, Justice Ncube presiding.
Local activists and media have insisted on presenting the Ortmanns as the villains of the piece. But the court papers tell a different story and show a farming family under siege, while simply trying to do the right thing in accordance with the law. The Ortmanns and their employees have been subjected to acts of violence, physical threats, arson and the contravention of previous legal orders. Throughout, the Ortmanns have behaved with scrupulous regard for the laws governing land occupation and tenancy but received only abuse in return.
The Gumede family, consisting of Lucy Gumede, eight of her children and a number of grand-children were resident in a three-bedroom house on the farm. They were in occupation as a result of Lucy and her late husband’s having worked on the farm. But none of the family has been employed on the farm for several years. The Gumedes’ precise status – whether they were occupiers or labour tenants – remains to be determined and is the subject of a separate legal process in terms of the Labour Tenants Act (LTA).
As all responsible farmers do, the Ortmanns insure their sugar and timber plantations against fire. Earlier this year, the insurance company inspected the farm and found that the fire belt which passed the Gumedes’ dwelling was no longer compliant. It is required to be 18 metres wide and must contain no combustible materials. The Gumedes had however extended their yard fence, without the Ortmann’s consent, to encroach on the fire belt and had stacked timber and other combustible material within its limits. The insurance company informed the Ortmanns that cover would be suspended and that the Insurer would not be liable for compensation unless the matter was rectified.