CAPE TOWN - In a joyous moment for Robertson farmworker Gert Vermeulen, the Western Cape High Court has ruled against the eviction of him and his family from the land they have lived on since 1975.
Vermeulen had worked and lived on the farm from 1975 to 2010.
In March 2018, the farm owner approached the court to evict him, citing that since 2010 Vermeulen was no longer an employee and had to leave.
This was after Vermeulen went on early retirement in 2010 in order to venture into other businesses that were unsuccessful. However, he continued to reside on the farm.
The court dismissed the farm owner’s initial application to evict.
The farm owner then attempted to appeal the ruling by approaching the full bench of the high court.
The Legal Aid SA lawyers representing Vermeulen successfully convinced the court to dismiss the appeal in terms of the Extension of Security of Tenure Act (ESTA).
In the appeal, the farm owner attempted to use the Prevention of Illegal Eviction Act (PIE Act), arguing that Vermeulen was earning a monthly income of R5 000 per month and could not be classified as an occupier but rather as an employee.
Vermeulen's lawyer opposed that argument by stating that in terms of the ESTA, Vermeulen met the criteria of an occupier that reserved the right to residence on the farm.
The lawyer argued Vermeulen could not be evicted because he had lived and worked on the farm for more than 10 years and was over the age of 60.
The lawyer also pointed out that despite the amendment to the ESTA in February 2018 that stated that anyone earning above R13 625 per month cannot be classified as an occupier, Vermeulen’s salary never exceeded this threshold, or the previous threshold of R5 000 per month at any given point during his employment.
Vermeulen and his family are still living on the farm and were happy to be protected from being unlawfully evicted.
“I wish to thank the lawyers for the great work they have done since 2018. I am especially grateful for the assistance of our Heavenly Father that we got this successful result. My children are equally joyful because this is where they grew up, finished their schooling and they know this is their home,” Vermeulen said of the outcome of his matter.
Cape Times