Based on his extensive experience in representing mostly KwaZulu-Natal landowners in labour tenancy claims lodged against them, attorney Rob McCarthy of McCarthy and Associates believes the process is inherently biased in favour of claimants. He speaks to Lloyd Phillips about this challenge, and gives landowners advice on how best to fight false labour tenancy claims.
WHAT IS THE STATUS OF LABOUR TENANCY CLAIMS IN SOUTH AFRICA?
In 2003 or thereabouts, the Department of Rural Development and Land Reform (DRDLR) sent labour tenancy claims and associated notices in terms of Section 17 of the Land Reform (Labour Tenants) Act 3 of 1996 to affected landowners. My law firm was tasked by landowners with handling just over 1 600 of these claims throughout KwaZulu-Natal (KZN) and a small number in adjacent provinces. I was told that there were about 7 000 labour tenancy claims throughout South Africa. During the past three or so years, the Association for Rural Advancement (AFRA) took the DRDLR to the Land Claims Court (LCC) as a class action to represent labour tenancy applicants in general, and achieved a court order compelling the DRDLR to process and finalise the many claims outstanding since 2003.
As I understand it, AFRA subsequently had to go back to the LCC to get an order for contempt of court against the DRDLR because of the department’s failure to implement the original court order. If there’s one thing that the DRDLR has repeatedly proven that it’s good at, it’s to prevaricate.
Over the past three years, I’ve seen a growing number of Section 17 notices being delivered on landowners by the DRDLR. I believe that this is as a result of pressure being brought to bear on the department by organisations such as AFRA, due to political pressure with respect to land reform, and due to the growing expectations of labour tenancy claimants who have been waiting for up to 15 years.
WHAT PROBLEMS HAVE YOU FOUND IN YOUR DEALINGS WITH THE DRDLR REGARDING LABOUR TENANCY CLAIMS?
Denne historien er fra May 31, 2019-utgaven av Farmer's Weekly.
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Denne historien er fra May 31, 2019-utgaven av Farmer's Weekly.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
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New farmers' seedling pitfalls
Inexperienced farmers may be tempted to grow seedlings from seed themselves, but they have much to gain by trusting a seedling grower at a nursery to perform this task for them instead
South African avocado production: a success story
Avocado production in South Africa has expanded markedly since the industry's humble beginnings over 80 years ago. From a small grove planted in 1938 in what was then Nelspruit, the industry has blossomed to seven million trees planted on 20 000ha. Dr Guy Witney, project manager at Great Brak Avos, spoke to Annelie Coleman about the country's avocado production.
Unlocking value through livestock exports
Exporting livestock might sound like a daunting business that's better left for big companies, but Gerrie Ferreira, who farms near Oudtshoorn in the Western Cape, has been doing it successfully for almost 30 years, sometimes in partnership with other breeders. He spoke to Glenneis Kriel about the huge potential this market holds, and offers some advice for farmers who are contemplating going this route.
An agribusiness's dedication to community upliftment
For agribusiness NWK, located in Lichtenburg, North West, corporate social investment is an important part of creating a positive influence alongside financial returns. Johan Bezuidenhout, NWK’s group manager of corporate marketing and communication, spoke to Annelie Coleman about why the company chooses to invest millions of rands in the area it operates in every year.
Empowering dreams, transforming lives
Since its launch in 2013, the Agri's Got Talent competition has revolutionised the lives of many farmworkers by unlocking their hidden talents and fostering a culture of empowerment. Glenneis Kriel spoke to various finalists about how the contest has changed their lives.
Foreign investment: agriculture maintains its appeal
South Africa remains a popular destination for foreign investors, despite an often negative outlook from its citizens. It is a gateway to Africa, and with its counterseasonal production to the Northern Hemisphere and favourable weather, local agriculture is especially well placed to attract foreign interest, bringing with it hope for rural communities
The real value and message of COP29 for SA agriculture
While the 2024 Conference of the Parties may have disappointed those who hoped for real progress, it's more important for South African agriculture to highlight its role in carbon mitigation
Improving efficiencies in feed and grain milling
Bühler, a Swiss-based company that provides solutions and equipment for various industries, including food and animal feed processing, has pledged that by 2025, it will deliver scalable solutions that will reduce energy, waste and water by 50% in the value chains of its customers.
Tips for better olive production
At an SA Olive Association field day in November, industry experts shared ways to improve olive production efficiencies, from soil preparation to harvesting.
More effort needed to protect vulnerable cheetah
On International Cheetah Day, commemorated every year on 4 December, emphasis was placed on the vulnerability of the species.
