Moratorium on Farm Evictions Mooted

Department of Agriculture, Forestry and Fisheries

Government intends declaring a moratorium on farm evictions.

This became apparent during the national summit on vulnerable workers held at the end of July. Government also acknowledged the urgent need to develop and implement mechanisms allowing for due process to be followed before any eviction can be effected.

Tenure rights will be secured for workers to ensure that “they have access to land to support their livelihoods and economic activities”.

According to a media statement issued on 3 August, with this in mind the Extension of Security of Tenure Act (ESTA), 62 of 1997, and related legislation is to be reviewed and strengthened before the end of the 2011 legislative period.

Other resolutions adopted at the summit included:
· Initiating a judicial commission of enquiry into working conditions in the fisheries sector;
· Declaring a moratorium on the privatisation of state agricultural, forestry and fisheries assets;
· Refining and implementing the forestry sector charter and the agri-black economic empowerment (BEE) charter;
· Developing a fisheries charter to address transformation and skills development in the sector;
· Guaranteeing that employers accept and facilitate right of access to burial sites on farms;
· Supporting workers in exercising their right to freedom of association in respect of understanding labour legislation affecting their working conditions;
· Strengthening enforcement mechanisms and the powers of labour inspectors; and
· Enforcing the prohibition of child labour, underpinned by a minimum set of sanctions.

In order to facilitate the implementation of these and other resolutions adopted at the summit, all relevant and applicable legislation is to be amended.

Further, a special fund is to be established dedicated to assisting trade unions in:
· Raising awareness of the rights of workers in the agricultural, forestry and fisheries sectors; and
· Forming bargaining councils to ensure that they enjoy inflation-related increases.

The National Economic Development and Labour Council (Nedlac) will administer this fund.

According to the media statement, the national summit is widely acclaimed to have “successfully opened a new door in dealing with the plight of vulnerable workers on farms and in forestry and fisheries”.

Sabinet Cape Town Office