NKUZI DEVELOPMENT ASSOCIATION Piet and Grace Buffel, evicted from a farm near Hartswater, Northern Cape

NKUZI DEVELOPMENT ASSOCIATION Presentation to Land Administration in Africa Workshop Searching for Land Tenure Security (Organised by WBI, SARPN and IERI) Reflections on tenure security for farm dwellers, based on findings from the National Evictions Survey carried out by Social Surveys and Nkuzi “Still Searching for Security” Marc Wegerif - Nkuzi Development Association (all pictures by Jurgen Schadeberg) 22 nd May 2006

NKUZI DEVELOPMENT ASSOCIATION Census 2001 tells us that at that time there were about 2.9million black people living on other people’s farms and small holdings. Most living in poverty and with tenure insecurity. This is not an accident of history it is a result of deliberate policies of past regimes. Clearly something had to be done.

NKUZI DEVELOPMENT ASSOCIATION The stated intentions “The Land Shall Be Shared Among Those Who Work It! Restrictions of land ownership on a racial basis shall be ended, and all the land re- divided amongst those who work it, to banish famine and land hunger.” (Freedom Charter, adopted at the Congress of the People, 25 June 1955) The Reconstruction and Development Programme (RDP) of 1994 identified land reform as “the central and driving force” of rural development and said “[i]t aims to ensure security of tenure for rural dwellers”.

NKUZI DEVELOPMENT ASSOCIATION The stated intentions, The Constitution Section 25 (6). “A person or community whose tenure is legally insecure as a result of past racially discriminatory laws or practices is entitled to the extent provided by an act of Parliament either to tenure which is legally secure or to comparable redress.” Section 26 (1). “Everyone has the right to have access to adequate housing” Section 26 (3). “No one may be evicted from their home, or have their home demolished, without and order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions”.

NKUZI DEVELOPMENT ASSOCIATION The stated intentions, New Laws Laws have been passed: –ESTA - Extension of Security of Tenure Act 62 of –LTA - Land Reform (Labour Tenants) Act 3 of –PIEOLA – Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998.

NKUZI DEVELOPMENT ASSOCIATION So what has happened?

NKUZI DEVELOPMENT ASSOCIATION People Evicted from Farms Evicted from farms 1984 to end , to end ,303 Total1,679,417 Only 1% were evicted through a legal process

NKUZI DEVELOPMENT ASSOCIATION Land Reforms Undermined by Evictions Beneficiary Households Restitution No information on how many farm dwellers Redistribution No information on how many farm dwellers Tenure for Farm Dwellers (ESTA + LTA)7 543 Total HHs that gained land or tenure security from land reform to July Farm Dweller HHs Evicted

NKUZI DEVELOPMENT ASSOCIATION Impact of Evictions Circumstances immediately after evictions are often devastating, people struggle to re-establish themselves and the majority remain in poverty Loss of access to natural resources and opportunities for own production 48% are in townships, mostly in the poorer sections, often backyard shacks or shared rooms 30% are in informal settlements 14% in former homelands

NKUZI DEVELOPMENT ASSOCIATION What is the problem? Linear and legalistic approach to social change. Weak laws that give ‘procedural’ rights but little in the way of ‘real’ rights to land. Conservative – ‘anti-poor’ – courts No serious effort at implementation In particular almost no pro-active long- term/developmental solutions.

NKUZI DEVELOPMENT ASSOCIATION Addressing The Evictions Crisis Key stakeholders to jointly search for solutions, at local and national level, in genuine and frank discussions with a consistent message from govt. It is clear that a multi-pronged approach is needed to: Tighten up legislation; Implement a well resourced programme of information dissemination and enforcement; and Proactively create new sustainable settlements. Separate tenure and employment rights It is about creating a new dispensation in farming areas that includes commercial farms, small farms and new settlements for farm dwellers

NKUZI DEVELOPMENT ASSOCIATION In their own words “I was devastated after having worked for his father for so long. I wanted to talk to him but he did not listen…I had no choice” “I was cross because I was about to deliver a baby and had nowhere to go” “We were not happy we had nowhere to go with our livestock …we grew up there and had always lived there”

NKUZI DEVELOPMENT ASSOCIATION Zilene Cupido, 15 year old daughter of Stellenbosch farm workers. What future does she have?