Agricultural spokesperson for the Democratic Alliance Gerrit van Rensburg talks about the problems associated with the Extension of Security of Tenure Act (Esta) and possible solutions to its application shortfalls.
After 13 years of democracy little progress has been made to improve benefits for farmworkers in terms of landownership. It’s true the Extension of Security of Tenure Act (Esta), introduced around 1997, provides the right of tenure to any person who has stayed on a farm for more than 10 years, and/or who is older than 60 years of age, and/or if he or she is a previous employee of the owner and is no longer able to work due to disability.
But the law has brought more problems than benefits. Government ironically refers to the poor housing conditions of farmworkers – but makes little mention of the way in which housing in the mining sector has deteriorated over the past few years. The truth is that there is no incentive for farmers to improve housing. As a matter of fact the law, in contrast with its goal, fosters the opposite. It stipulates that occupants can only be moved if they are provided with better housing than in which they currently reside.
Fear of illegal occupation has resulted in farmers being more vigilant of illegal occupation. It’s extremely difficult to get rid of illegal occupants once they have established themselves. Some farmers have even gone so far as to bulldoze buildings on their farms to prevent illegal occupation. Reports of illegal evictions in the Western Cape have flooded media pages over the past year as if it’s an everyday occurrence in the province. The reports have done irrevocable damage to the image of commercial farmers.
The truth, however, is that few of the reported incidents were actually illegal evictions. As a matter of fact the Western Cape, in comparison with most other provinces, has one of the lowest incidents of illegal evictions in South Africa. It must be remembered that farmers are businesspeople. Supplying housing to people and their families who contribute to the profitability of the farm is in their best interests. People living on the farm who don’t contribute to it’s profitability, mean less housing is available for workers who do and the working occupants have to work harder to make up the shortfall in employees.
The farm’s productivity and profitability are compromised as a result. Sometimes people who only live on the farm cause other social problems, as they take in tenants and even start shebeens. Even so, farmers are still socially obliged to look after the best interest of everybody who lives on the farm. The farming industry is the only industry where a law such as Esta is applicable. In most other industries workers, from preachers to mine workers, all have to evacuate company houses when their employment is terminated.
The problems associated with housing for farmworkers needs to be addressed for land reform to succeed. Esta has to be revised. This does not mean the regulations should be strengthened against employers. Farmers, in general, do far more than what is legally required of them for their workers by providing housing, transport, education and medical services. Recognition of these services and the provision of incentives – either through subsidies or tax breaks – will motivate farmers to provide and upgrade housing.
Government should also fulfil its role by providing farmworkers with access to housing according to Section 26 of the constitution which stipulates that within reasonable means, persons who have never previously owned a home are entitled to a government subsidy to buy one. Farmworkers unfortunately fall outside this law if they reside on a farm. This is sheer discrimination and the law needs to be changed to ensure they are also entitled to the subsidy. Unlike just receiving right of tenure, ownership means workers will have a growing asset that can be rented out.
A worker would then also have something to leave to his children as inheritance. Instead of living on the farm when he or she is old, the house could be used as a place to retire – so that the limited housing available to workers on farms is not occupied by retired workers. To address the social problems associated with the cultural and scenery change of moving from a farm to town, government and farmers could work together to establish farmworker communities. In future, to address farmworker housing problems successfully, government should engage directly with farmworkers. his is the only way they can secure their future. Contact Gerrit van Rensburg on 082 900 2800.
