Land use rights under the Extension of Security of Tenure Act (Esta) have taken another turn, with cattle grazing permissions at the centre of an appeal in the North West.
The Moladora Trust, owners of the Wildebeeslaagte farm, has announced its intention to appeal a judgment that gave way for farmworkers to allow their livestock to graze on the farm.
This is after the Land Claims Court dismissed an application by the Trust, which sought to order the respondents, who are the children of a deceased farmworker, to remove their grazing animals. According to court papers, the children continued to live on the farm after their mother’s death.
“The Trust accepts that the respondents are Esta occupiers.
“The Trust, however, contends that the respondents’ rights of occupation are only for residential or housing purposes and it says that the occupiers have never sought or obtained any consent to graze livestock on the farm,” read the papers.
In handing down judgment, Judge Susannah Cowen found: “On the facts, the respondents had not only openly resided on the farm but had used the land for purposes of grazing their cattle. Applying section 3(4), it is then presumed that they had consent to do so. That presumption is not rebutted on the evidence before me.”
President of the Black Association of the Wine and Spirit Industry (Bawsi), Nosey Pieterse, said grazing rights were an ongoing issue across the country.
“This is the problem that we have in terms of limited rights.
“The occupiers are always on the shortest end of the stick.
“The children do have rights, but the rights are often not being recognised.
“Most times farmers violate these rights.
“Grazing rights are always a contested issue.
“Most of the time, it seems that the worker is in competition with the farmer, which is not how it should be looked at, but rather a form of trying to equip those who have worked tirelessly for you as the owner to become something themselves.
“You can only set a precedent in the absence of law, but in my understanding, farmworkers do have grazing rights, but there are very few farmworkers who exercise these rights due to financial inability,” he said.
The board of directors at Agri SA, meanwhile, gave their financial support to the Trust.
Chairperson of the Centre of Excellent Land at Agri SA, Willem de Chavonnes Vrugt, said the case was expected to set “an important precedent with far-reaching” implications for private property rights in South Africa and the scope of the Esta.
“The appeal is against a Land Claims Court judgment that protects grazing rights under Esta at the expense of private property rights.
“If this judgment is upheld, it will markedly increase the administrative and legal costs of removals under Esta as well as the liability of landowners,” he said.
He said Agri SA sought independent legal counsel regarding the case and its impact on farmers.
Cape Times