STATEMENT BY MR DEREK HANEKOM MP, MINISTER OF LAND AFFAIRS: THE LAND REFORM (LABOUR TENANTS) BILL, 1995
Issued by: Minister of Land Affairs
The eviction of labour tenants off farms has been one of the most difficult and pressing issues which I have had to deal with in the year I have been in office. These evictions have left labour tenants and their families without alternative accommodation, without any effective means of making a living, and often without recourse to the law.
The absence of fair mechanisms to deal with labour tenant arrangements has blurred the differences between fair and unfair evictions. The lack of a clear legal framework has led to conflict and violence.
Numerous attempts to bring about negotiated settlements amongst affected parties have yielded little positive results. Repeated appeals on all parties to exercise restraint have failed. While increasing pressure was put on Government to intervene, it was powerless to take decisive action.
It has therefore become clear that the existing legislation is no longer appropriate in coping with the problems emanating from the labour tenant arrangements.
On 31 May 1995 Cabinet approved draft legislation to address this serious situation. It decided that the Land Reform (Labour Tenants) Billmment, in order to provide an opportunity to all South Africans to debate this issue in a frank and open manner.
The Bill is targeted at a specific category of people in identified areas where the system of labour tenancy still exists. It covers those labour tenants who are residing on land for a substantial period of time prior to the commencement of the Act. It does not cover labour tenants who have been evicted and who may have claims for restitution under the Restitution of Land Rights Act.
It is this Government's intention to bring about in an orderly manner an end to evictions arising out of the labour tenant system and to, ultimately, do away with this archaic system. In order to avoid major social disruption and pre-emptive actions, the date of the publication of the Bill will become the date upon which the Act will take effect when it is passed. Thus any attempt to defeat the ends of the Bill will be open to legal challenge when the Bill becomes law, because any such action may be reversed.
The publication of this Bill will put into effect a moratorium on evictions. The legislation places at its centre the principles of human dignity, justice, equality and respect for the law. it should contribute to the creation of a stable environment which is conducive to the resolution of problems through negotiations.
This legislation is an important signal of Government's serious efforts to deal with the vexing issue of labour tenancy. I thus call upon all interested parties and in particular the members of the farming community, both land owners and tenants, to make their voices heard on this subject. I would like to call on them to make a positive and constructive contribution in the lawmaking process.
Interested parties may furnish written comments and representations on or before 14 July 1995 to:
The Director General
Department of Land Affairs
Private Bag X833
Pretoria
0001
ISSUED BY THE MINISTRY OF LAND AFFAIRS
1 JUNE 1995