In a David and Goliath-like battle, a Groot Constantia Wine Estate resident of about 20 years is set to take on her employer when she objects to an eviction order before the Wynberg Magistrate's Court today.
Julia Bennett was nine years old when she moved into the worker’s quarters of the farm with her father in 1996.
In 2015, two weeks after her father died, the 29-year-old mother of one was served with an eviction notice.
At the time, Bennet had just given birth to her son and had been working as a cleaner at Groot Constantia for about five years.
“My father gave his life to this farm. He was working with pesticides all these years and got sick because of it. And now they think nothing of me. This farm is owned by the state.
"How can they be talking about land reform when they do this to us? This is the only home I know. With the little money they pay me, I can’t afford the rent. They just want me to move out of the estate. I’m very stressed right now,” said Bennett.
According to the Commercial Stevedoring Agricultural and Allied Workers Union (CSAAWU), which is assisting Bennet with legal counsel to oppose the eviction order, farm management has argued that the tenant rights were given to Bennet’s father and cannot be extended to his daughter.
In terms of the Extension of Security of Tenure Act (ESTA), a farmworker cannot be evicted from a farm if they have been working there for more than 10 years, said the union’s Karel Swart.
In a statement, Groot Constantia said it has dealt humanely with the case and had afforded Benett six months to make alternative arrangements for accommodation when her right to reside on the estate expired.
“During this period we received no communication that this would pose any difficulties to the parties affected.
"On Friday, March 11, 2016, a meeting was held with the party involved and her representative to afford her the opportunity to state her reasons for not honouring her notice to vacate the premises.
“We, however, have found a complete unwillingness from her side to vacate the premises and therefore was left with no option but to initiate the legal process.”
The country’s oldest wine estate said more than 20 families were living on the estate and Groot Constantia was fully committed to adhere to all the obligations in terms of these workers’ rights stemming from the ESTA Act.
“Groot Constantia are, however, not prepared to increase its obligations in this regard by granting further housing rights that have not existed before.”