South Africa will not turn into a second Zimbabwe if current legal precedent has anything to do with it. This was the assurance given by the Land Claims Court after Puntlyf emerged victorious from a long court battle. what has been described as a victory for all farmers, the court recently ruled that farms cannot be subject to expropriation when farmers evict unwelcome squatters.
The case involved three families who illegally squatted on a farm near Bronkhorstspruit and the landowner, Puntlyf Investments, that had acquired the land as grazing for their Bonsmara stud. L awyer Peet Grobbelaar explained, “We brought an application in the Land Claims Court for the eviction of the three families living on the property. My client Puntlyf Investments bought the property in 1997 and began evicting the illegal squatters the following year. This took a long time and in 2004, when I came on board, we brought an application in terms of the Extension of Security of Tenure Act. The hearing started in March 2006 and we reached a settlement almost halfway through.”
The settlement, which in turn became a court order, gave the squatters nine months to leave the premises along with their animals. “The nine months came to an end in January 2007. The squatters were still living on the farm and we had to get another court order to evict them. turn the squatters brought an application before the court asking that the settlement agreement be put aside, as their lawyer did not have a mandate to settle the matter on their behalf,” said Grobbelaar. he plot thickened when the Kungwini municipality asked the court to put a hold on the eviction settlement agreement pending expropriation of the farm, as they intended awarding the property to the squatters.
However, the municipality had no grounds for this – apparently, it saw the squabble over the evictions as reason enough to expropriate the farm. “Both applications were dismissed and the squatters were evicted,” said Grobbelaar. he judgment also brings to an end years of threats and intimidation. “directors and their families were subjected to death threats, attacks and roadblocks, and the squatters also burnt down the farmland numerous times over the years,” said Grobbelaar. In consequence, the security of Puntlyf Investments directors and their families had to be addressed. here were two groups of houses on the farm: one was a cluster of traditional homes and the other an old farmhouse. All dwellings were demolished and strict security has since been put in place. “We are sure the squatters will make no further attempts to occupy the land, but if they do, it would be against the law,” said Grobbelaar. he importance of this case is twofold. Grobbelaar explained, “It means a landowner is still entitled to an eviction order if he or she follows the correct procedures. Secondly, as a decision, it sets a precedent that reiterates the farming community’s legal right to evict unwelcome squatters on farmland.” decision follows deputy minister of agriculture and land affairs Dirk du Toit’s statements to the contrary. “deputy minister’s expropriation threats are unfounded and unconstitutional,” said Grobbelaar. – Cornelia du Plooy
