The SAHRC investigation into the treatment and rights of the occupiers followed a complaint lodged by Elias Muller on behalf of the occupiers of the Farm against Dee’k Logistics CC, the owner of the Farm; Gaosupe Lawrence Dikokwe (Dikokwe), the sole member of Dee’k Logistics and person in charge of the Farm; and the Department of Rural Development and Land Reform (DRDLR).

The complaint raised several concerns, including restrictions on access to water and firewood; the disposal of animal carcasses near the occupiers’ residences; access to electricity; restrictions relating to traditional ceremonies and visitors; and broader concerns regarding the relationship between the occupiers and the owner and person in charge of the Farm.

The Commission found that ESTA protects the occupiers and are consequently entitled to the rights and protections afforded to occupiers under that legislation. The Commission found, amongst others, that:

The allegation concerning the restriction of the occupiers’ established access to firewood was substantiated. The wholesale restriction of such access violated the occupiers’ established right to use the land as contemplated in section 6(1) of ESTA.

An incident involving the disposal of an animal carcass near the occupiers’ residences was substantiated. The matter had, however, subsequently been addressed following an undertaking by Dikokwe that animal carcasses would not be disposed of near the occupiers’ residences again.

The complaint that Dikokwe required notification before ceremonies were conducted on the Farm while failing to provide the occupiers with an effective means through which such notification could be given was substantiated. The Commission found that where the person in charge cannot be reached for purposes of notification, this cannot prevent occupiers from exercising their right to family life in accordance with their culture as protected by ESTA.

The complaint concerning the historic lack of access to water had been resolved following the restoration of access to water in December 2025. 

The allegation that Dee’k Logistics or Dikokwe prevented the installation of electricity was not substantiated. In this regard, the Commission found that, as a matter of law, the consent of the landowner is not required for the installation of electricity at the residences of qualifying occupiers.

The investigation also raised concerns regarding the failure of DRDLR to engage in the matter meaningfully. The Commission found that this deprived the parties of an opportunity for the circumstances of the occupiers to be considered within the framework of section 4 of ESTA. While this provision does not require DRDLR to approve or fund a particular intervention, DRDLR ought reasonably to engage with the parties and consider whether an appropriate tenure or development intervention is available.

Report by the South African Human Rights Commission