A proposed parliamentary bill in South Africa has angered commercial growers in the republic.
The Security of Tenure Bill, which has been drafted and proposes to consolidate two existing laws, grants “seemingly unlimited rights to all farm residents to use the land for their own purposes, be it commercial farming or burial or the exercising of cultural practices”, said trade association Agri SA.
Growers are concerned the bill gives workers the possibility of owning their own homes on farm after retirement and passing them on to non-worker relatives.
Agri SA legal and policy advisor Annelize Crosby told FPJ: “[The bill] will be done in competition with the commercial farmer who has to try and make a living from producing commercially on the land. The rights of the landowner are limited by the bill. While Agri SA concedes that there are shortcomings in the existing legislation, the manner in which the bill attempts to address the situation could have many negative, unintended consequences.”
Agri SA believes that there is a real risk that the bill could have implications which are contrary to the intention of the legislation, including objectives relating to the promotion of harmonious relations on farms, production discipline and long-term tenure security.
One citrus fruit grower said: “We do not believe that government has thought these new proposals through. When you look at the detail they are very draconian on land owners. They recognise that the fruit industry is an important source of job creation but do not support the industry with legislation.”
The bill has not yet been tabled in parliament, could be adapted and is unlikely to be passed this year.
Crosby added: “The unlimited rights which the bill attempts to give to a broad category of people could result on food insecurity, a loss in production and less accommodation on farms in the long term.
“Farm workers are an important part of any commercial farming operation. Agri SA encourages its members to comply with all labour legislation and to treat farm workers with dignity and respect.”
“Agri SA supports the idea that farm workers have a right to a home of their own, bur not necessarily on the farm. Farms are production units, not residential areas. The concept of agri-villages is supported in principle. There are a few examples of farm workers who do own the houses that they live in, on the farm, but this should be a voluntary option, not one which is enforced, as there are many practical difficulties associated with this option.”
In the Western Cape particularly, many farmers have entered into equity schemes with their workers, whereby the farm workers become shareholders in the farming business.
