Sahrc says Christoffel van der Walt violated tenure rights by fencing off land, ordering restoration within 21 days for farm dwellers.
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The South African Human Rights Commission has found that a North West farmer unlawfully infringed on the rights of farm dwellers by reducing their grazing land, which constitutes an unlawful eviction under the Extension of Security of Tenure Act.
The findings are contained in a report released by the commission following a complaint lodged last September regarding the alleged ill-treatment of the occupants on Farm 365, Portion 3 of Farm Mahemsvlei in North West.
Farmer unlawfully reduced grazing
The complaint claimed farm owner Christoffel van der Walt had forcibly evicted families whose ancestors had lived on the farm since the 1800s, restricted access to ancestral graves, reduced grazing land for livestock and shot at cattle in front of children.
However, upon conducting a site inspection, the commission found several of the allegations could not be proved.
The commission concluded that allegations that occupiers were not receiving assistance from the department of rural development and land reform, that Van der Walt had shot at livestock and that pupils were forced to walk three kilometres to school due to locked gates were not supported by the evidence.
It was also found the department had been trying to resolve the dispute and was processing an offer by Van der Walt to sell a portion of the farm for the benefit of recognised occupiers.
According to the report, the restrictions were unreasonable and violated occupiers’ rights to receive bona fide visitors.
Restrictions ‘unreasonable and violated occupiers’ rights’
The report said Van der Walt acknowledged he had fenced off portions of grazing land previously used by occupiers, arguing that the move was necessary to rehabilitate overgrazed land.
The commission accepted that overgrazing was a genuine concern.
However, it found Van der Walt had acted unlawfully by unilaterally reducing access to grazing land without following the law.
The commission has directed Van der Walt to restore the grazing land to occupiers within 21 days and to establish reasonable conditions governing vehicle access for visitors to the old settlement.
