The Land Was Promised To Me

After almost two decades, this Limpopo man has won a landmark case to own the farm he’s been renting

- Onkgopotse Koloti

THE old man cannot stop beaming. In fact, David Rakgase can’t remember the last time he was this happy. A massive burden has been lifted from the farmer’s broad shoulders, and for him and his family Christmas has come early with news that they’ll finally own the farm they’ve toiled on for 28 years.

The widower (80) and his children have been working the 3 079-hectare Nooitgedacht farm near Northam, Limpopo, since 1991. For nearly two decades they’ve been at loggerheads with the government, which has been dragging its heels in making good on its promise that the Rakgases would be allowed to buy their leased land.

The family is believed to be the first to take the provincial and national agriculture departments to court to force them to follow through on their commitment to sell the farm.

The family won their case in the high court in North Gauteng in September, and government was ordered to sell them the farm – but David’s heart sank when he was told the department would be appealing the ruling.

They thought they’d have to endure at least another year of papers being filed and battles dragging on in court, so David was elated when the department decided to withdraw its appeal against the judgement.

“Really, Christmas has come early for me,” he says, beaming. “I am happy government has realised its mistake and is willing to rectify it.”

The court found the state had breached its constitutional duties in its handling of David’s offer to buy the farm under the Land Redistribution for Agricultural Development (LRAD) programme. The initiative, which was to help black people acquire land, has since been discontinued.

Now David and his family are also going to claim R3 million from government to cover the costs of their court battle, as well as stock and machinery that was stolen when their land was invaded.