This Land Is My Land!

David Rakgase has worked this farm for 28 years. Now, after a landmark court ruling, the government must finally make good on its promise to sell it to him

- Khosi Biyela

THE old man keeps beaming. In fact, David Rakgase can’t remember the last time he was this happy. A huge 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 and his children have been working the 3 079-hectare Nooitgedacht farm near Northam, Limpopo, since 1991. For nearly two decades they have been at loggerheads with the government, which has been dragging its feet 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 land.

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

“Really, Christmas has come early for me,” he says, smiling broadly. “I’m happy the government has realised its mistake and is willing to rectify it.”

The court found that 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 established to help black people acquire land for agricultural purposes, has since been discontinued.

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