Families say years of violence have driven them from land occupied for more than a century.
Families living on Waterval Farm in Dithabeng, in Mpumalanga’s Thembisile Hani Municipality claim their ancestral homes have become a place of terror.
This after two residents were murdered and several houses torched, with some families forced to flee the land they have occupied for generations in fear of their lives.
Formal complaints lodged with multiple authorities
The allegations are contained in a formal complaint submitted to multiple authorities, including the Land Claims Commission, the SA Human Rights Commission (SAHRC), police and the department of agriculture, land reform and rural development.
According to the residents, they have lived in peace on the land on which their families settled as far back as 1910, until 2022, when a new farmer moved in and turned their lives upside down.
They say they were first ordered to reduce their livestock, ploughing fields and then intimidated, threatened and pressured.
Families flee while others remain in fear
In three years, at least four houses have been burnt down, two residents shot dead at their homes at night and their livestock poisoned or shot dead.
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As a result, several families, including the Sibanyoni, Mahlangu and Tlou households, left their homesteads last year.
Others, including members of the Madisa and Mbonani families, remain on the land and continue to live in fear of their lives and property.
At least seven cases relating to murder, arson, malicious damage to property, assault with intent to cause grievously bodily harm and livestock poisoning have been opened at Verena police station.
Despite this, the families say no arrests have been made, raising concerns about the effectiveness of the police response to the alleged reign of terror.
Human rights concerns and legal protections
Seun Mogotji, whose political party, the Bolsheviks Party of South Africa, has taken up the matter on behalf of the community and lodged a formal complaint. Mogotji said this amounted to human rights violations, including threats to dignity, safety, equality, and tenure security.
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He called on authorities and the SAHRC to urgently intervene.
“These families are vulnerable community members whose constitutional rights to dignity, safety, equality and land security must be protected.
“Continued inaction deepens trauma and undermines public trust in state institutions,” he said.
The SAHRC had not confirmed receipt of the complaint at the time of publication. Mpumalanga police spokesperson Lieutenant-Colonel Jabu Ndubane failed to confirm the criminal cases or provide updates, despite being presented with case reference numbers.
Extension of Security of Tenure Amendment Act
- In January 2024, President Cyril Ramaphosa proclaimed 1 April, 2024 as the commencement date of the Extension of Security of Tenure Amendment Act of 2018.
- The rationale was to fix loopholes in the original 1997 Act, making it harder to unfairly evict vulnerable farm dwellers, especially families of deceased occupiers, by strengthening rights, mandating alternative accommodation, providing legal aid and establishing land rights management boards to resolve disputes, ultimately aiming for greater tenure security and balancing landowner/occupier rights after decades of inconsistent application.
- The Act strengthens farm dweller rights by ensuring eviction only via court order.
- It aims to provide long-term security, reduce loopholes, and offer legal representation for occupiers, aligning with constitutional goals for equitable reform.
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