Legal clash looms for Free State Agriculture and the state

Free State Agriculture (FSA) has given government two weeks to come up with a proposal for a plan to protect the Free State side of the Lesotho border, or face legal action.
The FSA’s legal team – headed by legendary human rights lawyer George Bizos – said that according to the constitution government has a responsibility to protect its citizens along an international border.
FSA also demanded time frames for when government plans to solve three particular problems: the re-erection and physical consolidation of the boundary fence between Lesotho and the Free State; the maintenance of roads used for patrols along the border fence; and the deployment of an efficient police force to patrol the border.
FSA made their ultimatum after a fruitless meeting between their legal team and various national government departments.
In three weeks, only the Department of Public Works, the Department of Foreign Affairs and the Free State premier, Beatrice Marshoff, had given responses that were nevertheless unsatisfactory. Nothing has been heard from the other roleplayers including the Department of Agriculture and Land Affairs, the Department of Safety and Security, the Department of Home Affairs and Department of Defence, explained Kobus Breytenbach, chairperson of FSA’s law and order committee.
“The possibility of a court case looks strong,’’ admitted Breytenbach. But a decision would only be taken by FSA after its executive meeting, scheduled for 20 February and 21 February, and after consultation with their legal representatives.
Security along the border is increasingly fragile, said Breytenbach. There is an increase in the incidence of stock theft and there have been recent reports by Free State farmers that they have been fired on near the border.
The breakdown of law and order seems to have picked up since the dissolution of the Commandoes and the final withdrawal of the South African National Defence Force (SANDF) from the border in early 2007, leaving it to an understaffed South Police Service (SAPS). “According to my knowledge only 74 SAPS members are responsible for the patrol of the entire border, from Zastron in the south to Harrismith in the north. In the meantime our members are bleeding,’’ said Breytenbach. – Mike Burgess