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National

Farm Dweller Workshop

11th - 12th December, Pietermaritzburg

WORKSHOP REPORT

A National workshop to discuss farm dweller issues was held on the 11th and 12th December 2006, in Pietermaritzburg, KwaZulu Natal. The workshop was jointly hosted by eight Provincially based NGOs (NKUZI, ANCRA, SPP, SCLC, FSRDA, LAMOSA, TRAC MP) and co-ordinated by the Association for Rural Advancement (AFRA). Farm dwellers from all nine provinces in South Africa came together to talk about issues of common concern and to further formulate a national farm dweller position on: · their status in South African society, · real transformation options for the agricultural sector, and · issues of access to the justice system, continued insecure tenure, evictions and agrarian reform Participants included farm dweller representatives coming from all nine provinces, NGO representatives from each province and national NGOs and organisations supporting and working with farm dweller issues.

1.

Invitation to the Workshop

The following invitation was sent out:

National

Farm Dweller Workshop

Despite legislation being in place to address the rights of people living on farms, no significant redress or transformation has taken place. Farm dwellers continue to find themselves living in insecurity and poverty, being threatened with eviction and having to negotiate around their families' rights to live and survive. They are largely untouched by Government social and economic development programmes, and they remain outside of the loop of access to fundamental human rights afforded to citizens by the Constitution. Farm dwellers from all nine provinces will come together to talk about issues of common concern and to further formulate a national farm dweller position on: · ·

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their status in South African society, real transformation options for the agricultural sector, and issues of access to the justice system, continued insecure tenure, evictions and agrarian reform We invite farm dwellers and interested organisations participate to participate in this process.

.................................................................................................... 11th and 12th December 2006 Pietermaritzburg, KZN .................................................................................................... The workshop is being jointly hosted by eight Provincially based NGOs and co-ordinated by the Association for Rural Advancement (AFRA). There is limited space available for interested organisations to attend, with partial subsidisation of costs.

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For more information contact: If you are nationally based :

Thabo Manyathi (033) 3457607 or [email protected]

If you are provincially based please contact:

Free State Gauteng KwaZulu-Natal Mpumalanga Northern Cape North West Limpopo Eastern Cape Western Cape FSRDA Nkuzi AFRA TRAC ANCRA LAMOSA Nkuzi SCLC SPP Lebo Siphiwe Bheki Thomas Eddie Connie Siphiwe Pat Ann 051-4484628 015-2976974 033-457607 013-7554324 05371-20791 011-8331060 015-2976974 0448-746162 021-4485605

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Organisational invitations

The invitation was distributed through the Provincial based organisations listed above, and was in addition sent to the following organisations: Legal Resource Centre Rural Legal Trust Landless Peoples Movement National Landless Peoples Movement provinces Foundation for Human Rights Lawyers for Human Rights South African Human Rights Commission Freedom of Expression Institute South Africa Non governmental coalition Transkei land service organisation South African Council of Churches Khanya college ILRIG AIDC Farm and Allied Workers Union Action Aid Centre for Rural Legal Studies Programme for land and agrarian studies Eastern Cape ARP Church Land Programme (KZN) Centre for Civil Society (KZN) CLRCD Rural Women's Movement Women on Farms TCOE

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2.

Workshop Participants

The workshop was attended by the following delegates: Name

Mr. Fredrick Koks Mr. Bakang Bojang Ms. Kelebilemang Maje Ms.Thandiwe Mokwena Ms. Martha Visagie Ms.Gladys Mahutsana Mr. John Nkgare

Province

Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape

Organisation

Place

Geduldspan Farm

Lesedi Advice office Magagong farms Mooiplaas farms Spitkop farm Putsvlei farm Van Zylsrus Farming communittee Van Zylsrus Farming committee

Ms.Boitumelo Ralehike Ms.Griet Klaaste Mr. Parks Tatas Mr. Eddie Barnett Mr. Sesing Moremi Ms. Lorato Mokgweetsi Mr. John Bodumele Ms. Nomsa Plaatjie Mr Peter Lekoma Andries Mongaleyane Abie Swarts Ms Olive Mouton Ms Barbara Martins Danisile Mankeli Seun Majuba Ms. Martie Cloete Ms Elise Witbooi

Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape Northern Cape West Coast Western Cape Vredendal Advice office Hopetown Advice Office Stella Advice office ANCRA ANCRA

Mogogong farm Hartsvallei farm Bull Hill farm

Vleiplaas farm

Skietfontein Farm Ganspan Farm Valspan Farm Valboshoek Farm

Pikertberg

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Ms Tossie Barnies Mr. Michael Morobi Ms. Marlene Dars Ms. Martha Tieties Mr. Cydwell Tomose Ms. Rachel Pieters Mr. Billy Claasen Ms. Tossie Barnies Mr. Andries Titus Mr. Ricardo Jacobs Mietje Carolus Ms. Feziwe Keye Mr Wandile Zamani Mr Thamsanqa Zidepa Mr Sphetho Nazo Mr Mbulelo Matyhunu Ms Mavis Mtyhobile Mr Mlulameli Mfundisi Mr Xolani Manisi Mrs Nokwanele Fololo Mr Mbuyiseli Mthana Ms Sonto Shelle Mr Olebogang Manganeng Mr. Siphiwe Ngomane Ms. Morongwa Moshaba Mr. Joe Shivambu Ms. Victoria Buffel Ms. Mathapelo Mosweu Mr. Aaron Phaaho

Western Cape West Coast West Coast West Coast West Coast West Coast West Coast West Coast West Coast West Coast West Coast Eastern Cape Eastern Cape Eastern Cape Eastern Cape Eastern Cape Eastern Cape Eastern Cape Eastern Cape Eastern Cape Eastern Cape Eastern Cape Eastern Cape Gauteng Gauteng Gauteng Gauteng Gauteng Gauteng ECARP ECARP ECARP ECARP ECARP ECARP ECARP ECARP ECARP ECARP ECARP ECARP NKUZI NKUZI NKUZI NKUZI NKUZI NKUZI SPP - Citrusdal SPP ­ Cape Town Citrusdal farmworker forum

Citrusdal Piket-bo-berg farm

Vredendal-Kapel farms Jonkershoek farms Grabouw farms Piketberg community worker Citrusdal

Grabouw

Mogale City Hekpoort Mogale City Hekpoort Mogale City Hekpoort

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Hekpoort Mr. Dennis Thabe Ms. Elizabeth Seakgoe Mr. Doctor Sefwike Malesela Moloto Ester Mtshweni Poppy Nkabinde Martin Chaba Sindie Masanga Pontsho Moloi Mr. Peter Mathlaku Mr. April Phokela Ms. Emily Mbobe Thabo Motlakase Mariot Malukele Chris Molebatsi Ms. Mary Masilo Mr. Moses Sekobane Ms. Lizzy Mere Ms. Yvonne Kgope Mr. Speaker Mahlake Mr. Pogiso Tsienyane Mr. Jeffrey Segame Mr. Jane Maretlwa Mr. Morgan Masuku Ms. Dina Langerman Driver Buti Molefe Ms. Naledi Seripe Gauteng Gauteng Gauteng Gauteng Gauteng Gauteng Gauteng Gauteng Gauteng North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West North West LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA LAMOSA Baphiring Nokeng Tsa Taemane Plot 78 Kungwini Kungwini Palmietfontein Brackspruit Klerksdorp Rymierfontain Marikana Rustenberg Doornkop Tarlton Magaliesberg Westrand Klipgat Syferbult Modderfontain Palmietfontein Modderfontein Ikageng NKUZI NKUZI NKUZI Mogale CityHekpoort Kameelzynkraal Kameelzynkraal

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Ms. Angelina Smit Mr. R. Karelse Ms. C. Josephs Mrs. Roda Pietersen Mr. Christopher Campher Ms. Sheraldine Damons Ms. Margeret Xhip Ms. Kitty Jacobs Mr Hamilton Le Roux Mr. Johannes Nqita Mr. Patrick Sambo Ms. Lana Stuurman Ms. Marinda Jantjies Ms.Thembi Ndlovu Mr. Sthembiso Mahlaba Mr. Siphiwe Mabaso Mr. Bheki Ntuli Mr. Msizeni Magwaza Mr. Bheki Bophela Mr. Jabulani Shabalala Mr.Sipho Khumalo Ms. Ntombi Mthembu Mr. Jabulani Mchunu Mr. Zondile Hlatshwayo Mr. Vela Langa Ms. Thobekile Hadebe Mr. Mpumelelo Tshabalala Mr. Bheki Mchunu Ms Maria Mabaso

Eastern Cape Eastern Cape Eastern Cape Eastern Cape Southern Cape Southern Cape Southern Cape Southern Cape Southern Cape Southern Cape Southern Cape Southern Cape Southern Cape KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal SCLC SCLC SCLC LPM KZN LPM KZN LPM KZN LPM KZN LPM KZN LPM KZN LPM KZN TSCC TSCC TSCC TSCC TSCC TSCC Cluster Cluster TSCC

Rietfontein Nuwefontain Nuwefontein Rietfontein Breevlei Breevlei Belleview Gamka East Gamka East Batelsfontain

Vryheid Estcourt Ladysmith Pongola Babanango Vryheid Newcastle/ Bothas pass Dannhauser Dannhauser Estcourt Bergvilee Eston Estcourt Winterton Bergville Vryheid

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Mr Thabo Manyathi Mr Sifiso Kunene Ms Lisa Del Grande Mr. L.J. Mosikili Ms. Dupsi Mosia Mrs. Salinah Mhlambe Mr. Moeketsi Sefali Mr. Japie Mofokeng Mr. Petrus Mhlambe Mr. Samson Maseko Mr. Vusimuzi Madala Mr. Atwell Mthembu Mr Mahlola Mokoena Mr Alinah Mhlambe Mr. Itumeleng Mashune Ms. Lebo Lengane Mr. Thapelo Mothibi Mr William Khauwe Ms Pam Phororo Mr. Washington Silango Ms. Gladys Maripa Ms. Lucy Makgatho Mr. Hansie Ramatswi Ms. Johanna Maopola Mr. Johannes Sebola Ms Johanne Mojela Ms. Johanna Moruku Ratshimolo RT

KZN KZN KZN Free State Free State Free State Free State Free State Free State Free State Free State Free State Free State Free State Free State Free State Free State Free State Free State

AFRA AFRA AFRA OktawusBethlehem Dusset Bethlehem Motopo- Apul Roux FSRDA

Morroco bethlehem Forestgate Bethlehem Maggiesdeel Harrismith Blydskaap Harrismith Eureka ­ Paul Roux Eureka ­ Paul Roux FSRDA FSRDA LPM - Free State LPM - Free State LPM - FS

SAPAWU - Free SAPAWU - Free State State Limpopo Limpopo Limpopo Limpopo Limpopo Limpopo Limpopo Limpopo Akanani Resource Centre FAWU Nantes - Baltimore Koppenpanning Tolwe Koppenpanne ( Tolwe) Randfontein Magoebaskloof Nates- Baltimore Waterval

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Mr Africa MThombeni Mr. Sejanamane Mashilo Mr. Patrick Bopape Mr. Eric Ralepelle Mr. Vasco Mabunda Ms. Tsakani Malongete Ms. Josephine Msibi Mr. Phehello Mofokeng Mr. Mzwakhe Ddludlu Mr. Bafana Mkwananzi Mr. Radebe Mqhelisihi Mr. Khanyi Mr. Thwala Ms. Maria Nyandana Ms. Bagezile Dladla Mr. Ephraim Dladla Mr. Abraham Nkosi Mr. Vusi Sekwane Mr. Simon Letsoalo Mr. Vusi Mabhena Solomon Dlongolo Mr Jabu Dladla Mr Samuel Mathebula Mr Jacob Mosotho Mr. Thomas Ngwenya Ms. Thabie Seoke Mr. Idos Mokoena

Limpopo Limpopo Limpopo Limpopo Limpopo Limpopo Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga Mpumalanga

LPM SACC Nobody Advice Centre LPM NKUZI NKUZI Platrand Farm Standerton Kromdraai farm Standerton Ebenhezer Farm Standerton Rietfontein farm Standerton Rietfontein farm Standerton Rooikop farm wakkerstroom Geluk Farm Wakkerstroom Mooiplaas farm Wakkerstroom Broederstroom farm Wakkerstroom Diepdal farm ­ Wakkerstroom Doornhoek farm ­ Lydenberg Siyathuthuka Youth Waterval farm lydenberg Siyathuthuka youth TRAC-MP LPM Mpumalanga MLAC Wegedracht farm Lydenberg TRAC-MP TRAC-MP TRAC-MP Mooibank Farm Wakkerstroom

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Mr. Mathebula Mr. Jabu Dladla Pam Phororo Mangaliso Khubheka Mr. Philani Zamchiya Mr. Gaborone Lehlogonolo Mr. Musa Ndlovu Mr. Bethuel Mtshali Mr. Durkje Gillfillain Ms. Domini Lewis Mr. Bheki Ndlela Dr Lucas Ngoetjane Mr. Andile Mgxitama Ms. Fikile Kubheka Ms. Tatiana Olliviera Ms. Yara Nai Herrero De Freitas Mr. Sergio Reis Mr. Elias Mkhwanazi Ms. Sibongile Sidu Mr. Sam Radebe Mr. Dumisani Majola Ms. Nompilo Ndlovu

MPLLC Mpumalanga LPM Mpumalanga Free State KwaZulu-Natal Western Cape Gauteng Mpumalanga Land Cluster Gauteng Gauteng KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal Gauteng

MPLLC Mpumalanga LPMMpumalanga LPM Free State LPM KZN PLAAS Rural Legal Trust Mpumalanga Land Cluster Legal Resources Centre Legal Resources Centre KZN Land Legal Cluster AFRA KZNCC FHR LPM National MST MST MST

Gauteng Mpumalanga KwaZulu-Natal KwaZulu-Natal KwaZulu-Natal

Khanya College Khanya College Khanya College AFRA AFRA

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3.

Workshop Programme

The following is a programme for the workshop:

Day 1

Chairpersons Siphiwe Ngomane (NKUZI), Thomas Ngwenya (TRAC)

Session One: Welcome, Introduction and Context

Ground Rules and logistics Welcome/ objective of the workshop. Political Input Discussion on input Group Introductions and Expectations TEA Pre -session logistics AFRA Input- Andile Mngxitama Plenary Group introduction 08:30 ­ 9:00 09:00 ­ 9:15 09:20 ­ 9:40 09:40 ­ 10:00 10:00 ­ 10:30 10:30 ­ 11:00

Session Two: Farm Dwellers and an Alternative Framework

Introduction of the session on the current and alternative framework Problematising the current framework and putting building blocks for a new transformative framework LUNCH Reportback on group work, discussion and formulation of recommendations TEA Presentation of final report on way forward, resolutions and session closure EVENING Supper MST/LPM discussion Optional activities Videos Soccer 18.00 ­ 19.00 Plenary Plenary Input: Lisa Del Grande 11:00 ­ 11:15 11.15 ­ 13.00 13.00 -14.00 14.00-15.30 15.30 ­ 16.00 16.00 ­ 16.30

Groupwork: Breakaway rooms

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Day 2

Chairpersons: Eddie Barnett (ANCRA), Connie Masilo (Lamosa)

Session Three: Farm Dwellers and Access to Justice

Recap of day one and introduction of Session Three Contextual linkage of lack of access to justice by farm dwellers and the alternative framework. Problematising the current legal framework in relation to access to justice by farm dwellers TEA Reportback on group work, discussion and formulation of recommendations Labour Tenant Act Test Case Report LUNCH Presentation of final report on way forward, resolutions and session closure Plenary Plenary Input Input: Thabo Manyathi Input: Thomas Ngwenya TRAC Groupwork: Breakaway rooms 08:30 ­ 8:35 08:35 ­ 9:15 09:15 ­ 11.00 11.00 ­ 11:30 11:30 ­ 12:30 12.30 ­ 13.00 13.00 14.00 14.00 ­ 14.30

Session Four: Public calls and National Co-ordination

Discussion and resolutions on a Moratorium on Evictions TEA Developing a national campaign on farm dwellers EVENING Supper Optional activities Road to Nairobi - WSF LPM/MST/Abahlali NGO Networking 18.00 ­ 19.00 Plenary and Provincial discussions Plenary/ Group discussions 14.30 ­ 15.30 15.30 ­ 16.00 16.00 ­ 17.00

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4.

4.1

Workshop Outcomes

Session Two: An Alternative Framework for Farm Dwellers

The following discussion document and set of group discussion questions formed the basis of the discussion. Discussion Document: FARM DWELLERS AND AN ALTERNATIVE FRAMEWORK

1.

Why do we need to discuss an alternative framework for dealing with farm dweller matters? Despite legislation being in place to address the rights of people living on farms no significant redress or transformation has taken place. Farm dwellers continue to find themselves living in insecurity and poverty, being threatened with eviction and having to negotiate around their families' rights to live and survive. They are largely untouched by Government social and economic development programmes, and they remain outside of the loop of access to fundamental human rights afforded to citizens by the Constitution. Significant redress and transformation needs to happen which fundamentally changes the power relations on farms, which affords equal citizenship status and rights to people living on farms as a sector and which provides real rights to land for families and individuals. The fact that current legislation does not address the fundamental issues of tenure and livelihoods faced by farm dwellers, points to the fact that a reevaluation of how farm dwellers matters are dealt with needs to occur. 2. What principles should the alternative framework be based on? If we want to draft and propose an alternative piece of legislation, we first need to discuss and agree on the principles and approach we would use. These objectives and principles could form the framework for a new bill and approach to dealing with farm dweller matters. The following set of principles has been developed through a process of discussion with farm dwellers in KwaZulu-Natal and draws on some experience in other Provinces. It can be used as a basis for initial discussion.

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PRINCIPLES FOR ADDRESSING FARM DWELLER MATTERS In drafting new legislation we need to recognise that: 1. Farm dwellers are a distinct group of people, with particular needs ­ they need targeted transformation programmes. · Apartheid laws established a particular set of unequal relations on farms that turned black farmers into tenants and created slave like dependencies. These unequal relationships need a special kind of redress and transformation. Farm dwellers are a particular kind of rural residential citizen in South African society, and need transformation programmes targeted at farm dwellers; Farm dwellers' citizenship status and rights cannot be linked to their employment status. Not all farm dwellers are farm workers, and not all farm workers are farm dwellers. Farm workers are protected under other legislation. Farm dwellers' citizenship status and rights cannot be linked to occupation of houses on farms.

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2. Farm dwellers live as families ­ they require protection of family life and protection of tenure rights for all household members. · Farm dweller residences on farms are important. They are homes not houses. Families are varied in size and identity. They are based mainly on association and dependency because they need to survive and because they follow cultural practices. Family life of people living on farms must be recognised and protected as a whole rather than through negotiating separate rights. Homes provide a necessary social identity for families and their associated cultural practices ­ including birth and death, in which all household member's tenure rights must be equally and individually as well as communally protected by law. Homes are places built and kept for ancestors, current dependents and future dependents (intergenerational way of life and residence.) Women, wives should receive the same tenure rights in this context.

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3. Farm dwellers are dependent on natural resources for survival ­ they require secure access to agricultural land for food production. · Many farm dweller families require continued access to agricultural land for food and livelihoods. A vast number of farm dwellers suffer from illiteracy and low skill levels, due to the nature of the historical unequal and dependent relationships in farming communities, and this makes them more vulnerable and highly dependent on access to natural resources for survival.

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Access to food is a citizens right and this right to food can only be achieved by farm dwellers if they are given secure access to and control over agricultural land. Use of land for food production, at whatever scale, are equally considered to be a form of farming.

4. Farm dwellers are insecure as a result of multiple tenure rights ­ they require the right to exclusive real rights to land. · Because of their particular history, transformation of farm dwellers' tenure rights must provide the right to exclusive real rights to land rather than "negotiated or dependent" rights. Only exclusive access to and control over use of land in farming areas for family life and provision of food and other natural resources will achieve a change in the unequal power relationships in farming areas. Conflict inevitably arises through competing access to and control over land use by various interest groups, which is an unsustainable tenure arrangement to manage. The farm dwellers and land owners hold multiple tenure rights to one piece of land and this is a creation of apartheid that must be deconstructed and redressed. It is the source of unequal power relations and it is the reason conflict over land persists and evictions grow. Multiple tenure rights provides for increasing levels of insecure tenure. It is not in the interests of development and economic growth to expend massive resources over endless periods of time to managing and mediating multiple tenure relationships on land.

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5. Farm dwellers are equal citizens ­ they need access to fundamental rights · Access to social services and basic infrastructure are fundamental rights of all citizens including farm dwellers.

6. Farm dweller matters need to be addressed urgently · The continued eviction of farm dwellers from their homes is a failure by the state to recognise farm dwellers' rights to land and transformation programmes as equal citizens. An interim moratorium on eviction of farm dwellers is necessary in order to engage in a process of transforming relations and tenure in farming communities. An alternative legislative framework in the form of a Farm Dwellers Citizen Bill needs to be drafted.

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Group Discussion 1 - Questions

A. Why is developing a new transformative framework for farm dwellers an important issue?

1. What are the main problems with the current framework? What are the main problems that people have as farm dwellers? What are the causes of these problems and why? 2. Do we need an alternative framework for addressing farm dweller matters? Why? B. An alternative framework for farm dwellers: What do we want from this framework? 3. Are these the key principles that need to be included in an alternative framework? (principles in the discussion document) 4. Who should develop the alternative framework? Why? What should be the role of civil society in making this happen? 5. How should the process of developing a new framework unfold? How much discussion needs to happen in provinces before we can embark on a National process? Who should this discussion include and how? C. A national campaign around an alternative framework for farm dwellers: Do we want to embark on a national campaign? 6. Do we need a campaign around this? 7. How should this campaign of developing and/or demanding an alternative framework unfold at provincial and national level? 8. Who should be lobbied? (eg National or Provincial govt or both and who within government. Do we need to also target other influential stakeholders who might not be in government?) 9. Who will be our allies in civil society and what role for people's organisations or social movements, like the Landless People Movement? And NGOs? 10. What aspects of media should form part of the overall campaign and how could we engage the media?

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Group Discussion Outcomes:

Group 1: Afrikaans A. Why? We need to address a framework for both farm dwellers and farm workers ­including seasonal workers FD don't enjoy the same level of citizens rights as other S Africans Current framework lacks implementation Does not protect family life ­eviction bec of family problems. Need to address root causes of farm dweller problems: · Capitalism · Current political system · Current agricultural system Need to address current agricultural framework which is based on capitalism Look at Constitutional issues like property clause, which affect access to basic rights. B. Principles Agreed with discussion document. Additions: · Stop selling land to foreigners ­leads to unemployment, homelessness and landlessness · Stop equity schemes and make farm dwellers owners · Nationalise all land in SA ­ farm dwellers/workers cant afford under current market system · Need to improve access to and support education of all farm children. Need total transformation of ed system · Skills development and further education and training of farm dwellers to be addresses · Racism and class oppression needs to be addressed. · Real landownership · Rights of women ­ independent right irt tenure and labour C. Campaign

Note many national activities without much impact. Focus on: · Stop evictions · Nationalising land ­stop selling to foreigners Actions: · Return evicted families · Identify and occupy land/farms especially dormant land · Focus on and expose SAPS · Truth and Justice commission for farm abuses · Special court for farm workers · National day for farm workers/dwellers -opening of parliament/workers day/HR day Partners: · LPM

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· · ·

All farm workers and farm dwellers Local and regional formations NGOs

Media: · National newsletter aimed at farm dwellers · Media strategy and a communication for cross Provincial sharing. Group 2: Sotho A: Why? Because the current framework and its policies does not take into consideration the needs of the people it serves to protect. Main problem: · Landlessness · Agreed need to scrap it and need a new framework B. Principles In addition: Democracy: There should be a balance of power relations A house not a home Justice: There should be equal treatment and legal representation Need rural ministry in all levels of Govt Alarm included Redress: Farm dwellers should own pieces of land for settlement and development purposes. Monitoring and evaluation: Need timeframes in place for claims NGOs need to be more organised ­ to follow up Who? Civil society - we can't rely on Government How? Should involve rural communities in the process Incorporate rural youth and rural community in general in all NGO programmes Need to look at all reports currently inplace (HR report, recc of land summit) and consolidate ­ and use that as a base C: Campaign · · · We need a national campaign to take it forward. Media ­ should use community based radio stations Partners: NGOS and social movements

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Group 3: Zulu A. Why? 1. Main problems : · Power relations ­ farmers are given more rights · There is no enjoyment of Constitutional rights · Livestock is being impounded ­ exorbitant costs to release them · Current legislation recognises individuals within families, dependents are not protected · Farm dwellers did not participate in drafting current legislation · Labour rights overlap with land rights · State agents like SAPS fail to enforce current legislation Causes · Current legislation is easy to manipulate · High illiteracy rate · Bias of judiciary · Flawed legislation · Insecure tenure rights · Dwellers used as production machinery 2. Yes we need an alternative framework, so we can include farm dweller sin development of such legislation B. Principles 3. Yes, in addition initiate a process where a desk for farm dwellers is created in all municipalities to cater for Farm dwellers interests in the IDP. 4. Farm dwellers themselves, because they know their daily circumstances. Civil society: · should sensitise the plight of farm dwellers collect inputs and put through to the right people. · Give feedback on development and · organise awareness campaigns. 5. · · · · · · Process of developing a new framework: Extensive use of media Newsletters Radio shows Government to know about the process Delegates to disseminate info to lower and local structures Hold workshops

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C. Campaign Yes ­ we need a campaign coordinated across provinces · Media campaign · Newsletters · Workshops · Marches · Sit-ins · Well co-ordinated at Provinces ­ same dates etc. Lobby: Organisations with similar interest Target municipalities Provincial DLA Provincial Legislature National Portfolio Committee Allies Organisations with similar interest Media Must have a media task team with a rep in each Province Group 4: Xhosa A. Why: Evictions still happen Need to march on Government to raise issues B. Principles Additions: · Police need training to deal with farm dweller problems and issues · Need a campaign to ensure Govt deals with issues · People don't want to leave farms because they can have cattle, crops and land · One farmer with one farm Who? FDs should lead struggle for making a better living on farms as they are ones being violated by employers C. Campaign Yes, Go to National Govt with things that are affecting the law and re implementation to Prov Govt FDs should be mobilised so can lead the struggle SACP, churches and NGOs can assist Media should be informed so can inform people

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4.2

Session Three: Access to Justice and Legal Services

The following discussion document and set of group discussion questions formed the basis of the discussion

Discussion Document: FARM DWELLERS AND ACCESS TO LEGAL SERVICES 1. WHAT DO WE SEEK TO ACHIEVE? The state through the Department Of Justice to assume responsibility (via Legal Aid Board Justice Centres) for the provision of land rights legal services to farm dwellers in South Africa. 2. WHY? · · Access to legal representation is the cornerstone of our constitution Farm dwellers as citizens of the country are equally entitled to legal representation in the protection of their rights Despite the constitutional rhetoric and provisions, legal Aid Board still excludes legal representation of farm dwellers when their land and human rights are compromised. The nature of the legislations namely ESTA/LTA is such that it requires legal intervention in order to adequately protect farm dwellers when such right are under threat as often are. Farm dwellers, due to the impact of apartheid land policy and historical land ownership patterns, are primary indigent and amongst the poorest in our country and therefore cannot afford private legal service.

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3. THE CURRENT STATUS QUO · The Land Claims Court was established to hear land rights cases as a specialised court, however the tone and content of recent judgements raises serious concerns. Moreover, the withdrawal of experienced judges has also compounded the problem. Land -owners have identified mechanisms in the land laws eg ESTA to legally constraint the farm dwellers and also procedures to legally evict them. The evictions through common law are rampant Currently, the Legal Aid Board does not have dedicated capacity to deal with land litigation. This is due to the fact that the LAB had earlier on reduced tariffs for lawyers and also the problem of the turn around for payment saw most lawyers opting out of the LAB. There is continue loss of experienced land lawyers and therefore farm dwellers are vulnerable to the land owners. This loss is attributable to a large extent to the above factors but also to offers being made to these lawyers by private firms.

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Various NGOs have developed a stop gap measure to deal with the issues of lack of legal representation of farm dwellers. However, the main problem has not been resolved. The intervention by NGOs has managed to contain the problem, but not without problems. Such problems includes too many cases that are being handled by the lawyers and paralegals and therefore too little lawyers are dealing with too many files or cases. In the process of NGOs providing this service through lawyers and paralegals, tensions have arisen between lawyers and landless in respect of the manner in which cases are perceived to have been handled. The evictions of farms dwellers legally and illegally continues unabated. Although, there is growing evidence through statistics that there is an urgent need for dedicated capacity within justice centres to deal with land litigation, there is no formal plan and agreement by government to take over that role.

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Group Discussion 2: Questions

A. Why is access to justice an important issue? 1. Why should farm dwellers as a category of landless people be afforded access to land litigation or legal representation? (justifications to build common analysis and understanding of the problem faced by farm dwellers today.) Provision of a legal service for farm dwellers: What do we want from a legal service? 2. Who is responsible for ensuring that farm dwellers have access to justice? Is it the role of the state or private sector and why? 3. Who is best positioned to provide that role within the state (which department/s)? 4. What should a legal service to farm dwellers provide? 5. How should this service be provided? (How often should it be available, where should such a service be located, how can it be most accessible?) 6. Should this service be provided free or should it be subsidised?

B.

C. A national campaign around access to justice: Do we want to make a public call? Do we need a campaign around this? How should this campaign of demanding access to justice unfold at provincial and national level? Who should be lobbied? (eg National or Provincial govt or both and who within government. Do we need to also target other influential stakeholders who might not be in government?) Who will be our allies in civil society and what role for people's organisations and social movements like the Landless People Movement? And NGOs? What aspects of media should form part of the overall campaign and how could we engage the media?

Outcomes of Group Discussions

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Group 1: Afrikaans A. · · · · Why? It is an essential service, not only for evictions, but in general. It is a constitutional right It should also be extended to labour issues. We need lawyers that need to be neutral and dedicated.

Other issues relate to: · Farmers who can interfere · Cases that die a natural death · Cases that relate to injuries · CCMA is ineffective. · Issue of verbal abuse of farm dwellers which never reach the justice system · Issues of corruption within the Justice system B. What do we want from a legal service? · IS the responsibility of the State to provide legal services. · They must provide dedicated, skilled lawyers. · Must take into account circumstances of farm dwellers ­ for example the time required to go to court. · Special courts must be in place to speed up hearing of farm dweller cases. · DLA and State should be involved in all cases ­ DLA is the custodian of rights of farm dwellers. · What about outsourcing to NGOs which have already proved that they can do a better job than the State. · Judges and magistrates should be rotated ­ their objectivity becomes questionable when they are too rooted within an agricultural community. · Should be measures in place to monitor judges and prosecutors. · Lawyers should go to where people are, and should be based in police stations. · Police investigators should be properly trained, and should be monitored by the courts. C. Campaign · Must start at local level · Should be public hearings about the justice system ­ where has it failed people? · Farm dwellers must start to record stories of injustice. · Use the media to get the stories across. · Organise and mobilise farm dwellers into movements - should be sustainable not just workshops. · Focus on strengthening movements. · Target a wide range of roleplayers ­ Govt, big Agri business, white farmers unions. · All actions should culminate in local and provincial demonstrations, bringing landless people together in masses. · International links with other movements llike MST, Via Capesina ­ to maximise support. · Establish national media task team.

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Group 2: Sotho A: Why? Farm dwellers must have real rights on land so justice can be done. It is our fundamental right to have legal representation. The state ­ Justice and DLA is responsible to provide this. B. What do we want from a legal service? Specialised unit to deal with eviction cases within SAPS Should be 24hr eviction hotline. It should be a free service C: Campaign Each Province should define this Group 3: Zulu A. Why? · Constitution fully provides for rights · There is no money to afford legal costs · Farm dwellers are vulnerable · Land rights continue to be violated by farm owners · Farm dwellers are citizens of SA. They are entitled to their rights · They are illiterate · Nkuzi Evictions survey confirms continuous evictions, both legal and illegal. B. What do we want from a legal service? · The state through Dept of Justice should be providing a legal service. Budget is available. · It is a constitutional right of farm dwellers to have access to justice and they cannot afford to pay their own legal costs. A legal service should provide: · Special courts close to the farm dwellers. · Fully capacitated with land related attorneys including interpreters. · Land desk at Police Stations · NGOs to continue to collaborate with SAPS re this. · Should deal with all cases related to farm dwellers ­ all human rights violation cases. · A 24 hr service - with dedicated paralegal services, in languages which farm dwellers can engage in C. Campaign Yes. · · · · · · Need to mobilise farm dwellers and disseminate campaign information. Research on critical case studies and statistics. Solidarity and pickets at magistrate courts. Mass demonstrations Draw in NGOS like advice offices, churches, legal organisations. Local radio, pamphlets, church services

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Group 4: Xhosa A. Why? · People are poor · Standard of living is low · Private land ownership makes them poor · They are violated in this set up B. What do we want from a legal service? · The state should ensure people get access to justice · People on farms have a lack of skills and money ­ the justice department must ensure that they train the prosecutors, black magistrates · We need trained lawyers who understand farm dweller problems · Universities need to see to this kind of training · The government is responsible because they have resources and we voted for them · Justice, Land Affairs and Safety and Security departments · Equality in front of the law- equal access · Constitutional rights have to be practised · Each area/ ward should have legal services in the form of mobile services that can be accessed on a daily basis · Free services. ­ depends on government resources but rate of abuse will be reduced as more people get access. · When farm owners call government jumps- but they must also jump for farm dwellers C. Campaign Yes ­ mobilisation is needed at grass roots Government must hear rural community voices To raise awareness about the unhappiness of rural community situation on the farms Issues of policy will go to the national office Issues that deal with implementation will target the local authority and province Each province we should target capital city eg. Bisho Lobby both farmers association and game reserves

Journalists will identify who are sympathetic to the cause of farm dwellers

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4.3

Class Action Case around Labour Tenant Claims

A verbal input was given by the Legal Resource Cente on the options of this strategy and the possible outcomes. This formed the basis of a plenary discussion where delegates could query the proposed approaches and finally resolve to take the matter forward. See resolutions below.

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5. Workshop Resolutions

We, the 180 delegates representing people from farms and civil society organisations from the Northern Cape, Western Cape, Eastern Cape, Gauteng, North West, Free State, Mpumalanga, KwaZulu-Natal and Limpopo:

1.

Demand a new alternative framework for land reform, which addresses farm dweller issues

Why do we need a new framework? Because farm dwellers are still: · · · · experiencing rights infringements suffering under power imbalances without land without real support from the justice system

The Constitution doesn't protect us and Legislation is ineffective and not enforced. The roots of these problems lie with: · capitalism · the current political system, which is not pro poor · the capitalist agricultural system. This overarching framework does not allow for transformation which would address the needs of farm dwellers. Principles of the new framework: We need a new framework which is based on democracy, justice and redress, and which recognises that: · Farm dwellers are a distinct group of people, with particular needs ­ they need targeted transformation programmes. Farm dwellers live as families ­ they require protection of family life and protection of tenure rights for all household members. Farm dwellers are dependent on natural resources for survival ­ they require secure access to agricultural land for food production. Farm dwellers are insecure as a result of multiple tenure rights ­ they require the right to exclusive real rights to land. Farm dwellers are equal citizens ­ they need access to fundamental rights Farm dweller matters need to be addressed urgently

·

·

·

· ·

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A framework developed around these principles would mean that we further demand that: · No selling of land to foreigners be allowed as this leads to unemployment, homelessness and landlessness. No equity schemes be allowed as a form of ownership because ownership must give real control and access to land by farm dwellers. All land in South Africa be nationalised as a form of proactive land reform because farm dwellers/workers can't afford to buy agricultural land under the current market system. There be improved access to, and support for, education of all farm children. We need specific transformation of the education system for people on farms. Skills development and further education and training of farm dwellers be specifically addressed. Racism and economic oppression of farm communities must be proactively addressed by Government institutions. The rights of women on farms must be secured ­ women need independent and equal rights in tenure and with regard to labour.

·

·

·

·

·

·

The process for developing a new framework Because we believe that farm dwellers need to be instrumental in defining a new framework, we resolve to embark on this process ourselves and campaign for our Government to institute a proper review of the current framework and show real commitment to prioritising the interests of farm dwellers in the development of a new framework. A commitment to this review would mean that government ensures that rural communities, including youth and women be given the time and space to play a significant role in the review and development of new laws, policies and programmes that make up a framework. We demand that the process of consultation with farm dwellers should be prioritised. A framework developed without farm dwellers would be unacceptable. The process should : · Involve rural communities, including rural youth. · Use workshops to discuss and mobilise rural communities. Delegates to this workshop should play an important role in disseminating information to local structures. Use farm dweller newsletters, and community radio to disseminate information and mobilise. Build on the work already done by national research and processes like the Human Rights report and recommendations from the land summit. This could be the basis of the alternative framework. Engage Government about the issues, through a national campaign.

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·

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·

Initiate a process where a desk for farm dwellers is created in all municipalities to cater for Farm dwellers interests in the IDP

2.

Demand access to justice for farm dwellers

We demand access to justice for farm dwellers because farm dwellers are citizens of South Africa. They are entitled to their rights. Legal services and representation are a constitutional right and an essential service. The land rights of farm dwellers continue to be violated by farm owners. This is supported by the Nkuzi Evictions survey and other civil society legal services research around the country. There are continuous evictions, both legal and illegal. Farm dwellers are vulnerable, but cannot afford legal costs. The majority of farm residents remain illiterate and struggle to engage with the existing legal system. Legal services are required not only around evictions but around a range of human rights abuses including labour issues, injury cases and verbal abuse cases. What do we want from a legal service? It is the responsibility of the State to provide legal service to farm dwellers. We demand a legal service which provides: · Special courts, close to where farm dwellers live, must be in place to speed up hearing of farm dweller cases. These courts must be fully capacitated with neutral, dedicated, skilled lawyers and interpreters. A land desk at police stations which should be a 24hr service, staffed by farm dwellers, with dedicated paralegals available, and police investigators who are properly trained, and monitored by the courts. Dedicated unit within the SAPS, dealing with eviction issues. The unit should have a 24hr toll-free hotline. A free service to farm dwellers.

·

·

·

The legal system must : · · · Provide lawyers who go to peoples' homes to effectively assist in resolving cases. Legal services should be mobile. Take into account the circumstances of farm dwellers. Farm dwellers rely on daily income, and days spent in court compromise their household income. Involve DLA in cases, as the custodian of rights of farm dwellers, in giving effect to redress and new land rights in the land reform programme. There needs to be a commitment by the DLA to this and clarity on the specific role they will play to give effect to this commitment. Rotate judges and magistrates as these people should not be from the local community. The Justice Department needs to put a programme in place to train competent, impartial prosecutors and magistrates with a specific focus on black people.

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· · ·

Ensure the judiciary is transformed to reflect the demographics of South Africa. Have measures in place to monitor judges and prosecutors. Learn from NGOs which have already proved that they can do a better job at providing legal services than the State.

3.

Demand a moratorium on evictions

We, farm dwellers from different provinces of South Africa, note with great concern, disappointment and anger that: a. Despite the agreement at the national Land Summit held in Johannesburg in 2005, that the Government impose a moratorium on evictions and forced removals, evictions have continued and have in fact increased. b. That Government has not implemented the moratorium as per the land summit resolution, which was agreed to by all land stakeholders including Government. We therefore resolve: 1. To demand that the State President as representative of Government announce the moratorium on evictions without further waste of time. We would like this announcement by December 31st 2006 in the form of a Christmas present to farm dwellers. To demand that President Mbeki give a status report on the moratorium during his 2007 State of the Nation Address. That representatives of farm dwellers would be prepared to meet with National Government to further discuss this issue. To embark on national mass action between now and the opening of Parliament, at which time we shall expect to receive a report from the President.

2. 3. 4.

4.

Resolve to embark on a national campaign around farm dweller issues

We, the farm dwellers, resolve to embark on a national campaign to raise these issues publicly. We will seek to co-ordinate across Provinces and to have social movements, NGOs and other structures within civil society as our allies in this campaign. Government needs to hear what we have to say. The campaign will be co-ordinated across Provinces. The focus of the campaign will be: · · · · A demand for an alternative legal and policy framework to address the issues of farm dwellers. A demand for access to affordable and accessible legal services to give effect to the rights of farm dwellers. A class action case against the Government in support of Labour Tenant Claims. A demand for a moratorium on evictions.

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We aim to lobby: · Local Government · Provincial DLA · Provincial Legislature · National Portfolio Committee · Big Agri business · White farmers unions. Methods · Our focus should be on organising and mobilising farm dwellers into movements and strengthening existing movements. We need it to be sustainable - not just workshops. · We need to draw in NGOS like advice offices, churches, legal organisations. · We need research on critical case studies and statistics. · International links with other movements like MST, Via Campesina ­ to maximise support. Possible Campaign Actions: · Return evicted families to land · Identify and occupy land/farms especially dormant land · Focus on and expose SAPS · Truth and Justice commission for farm abuses · Solidarity and pickets at magistrate courts · National day for farm workers/dwellers -opening of parliament/workers day/HR day · Public hearings about the justice system. · Farm dwellers must start to record stories of injustice and distribute these to the media. · Media campaign, including community radio stations · National newsletter aimed at farm dwellers · Workshops · Marches · Sit-ins · Well co-ordinated between Provinces ­ same dates etc. · All actions should culminate in local and provincial demonstrations, bringing landless people together in masses. Media Strategy Must have a media task team with a rep in each Province Need a media strategy and a communication strategy for cross Provincial sharing. How do we pull this together nationally? A national task team to co-ordinate the campaign: 2 NGOs: AFRA and Nkuzi 4 LPM people Other organisations can be brought on board during the course of the campaign. Provincial discussions need to happen about how the campaign gets taken forward provincially. To be forwarded to the co-ordinating team.

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