An Mpumalanga farm worker gave his heart to the land -and then his eyes, reportsEAaron Nicodemus
A n Mpumalanga farm worker has filed a R1,47-million suit against three white farmers for a tear gas attack three years ago that has left him permanently blind.
The suit, filed in the Pretoria High Court, claims for past and future medical expenses, past and future wages lost and R180 000 for “general damages for pain and suffering, loss of amenities of life, disablement and loss of dignity”.
Moses Mayisela (33) alleges that two farmers, Barend and Willem Greyling, along with six other men, attacked him for two days in early October 1996. In the attack, Mayisela alleges that he was handcuffed, kicked and punched and given electric shocks. He alleges that when the men sprayed his eyes with tear gas and covered his head with a balaclava, his resulting injuries left him blind.
Cornelius Greyling, father of the two accused, is also named in the suit.
After the attack Mayisela was denied medical treatment for two weeks, the suit claims.
Mayisela’s mother remembers the day of the attack. “I kept asking the men, why are you killing my son?” she said. “They said he stole cattle. After they left with him, they came back and took some cattle.”
Mayisela maintains the cattle belongs to him, and continues to wrestle with the Greylings over rent for the use of the land.
Since the attack, Mayisela has been unable to work. He supports his wife and three young children on a small pension. He spends his days with his children and his mother on Rooikop farm.
Attempts to prosecute the Greylings have proved fruitless. The case was remanded several times before being withdrawn by the state in May.
This remote section of the Wakkersdroom district in Mpumalanga has always been home to Mayisela and his family.
When he was young he started working on the farm as a labourer, never getting a chance to go to school. He has given his heart to the land. Now, he has given his eyes.
Mayisela’s seven-year-old son leads him out of his kraal. With a touch, he indicates that his father should sit. To move from place to place, Mayisela requires one of his children to lead him.
Mayisela said he would never consider leaving the farm. “Even if I leave, there is no one who can help me build a house where I can stay on and live,” he said.
Some family members worried that the Greylings might retaliate when he filed the suit, and suggested that maybe he should move somewhere else. Mayisela said: “I would never leave. I am not afraid.”
Another farm worker, Richard Hlatshwayo (38), is also suing the Greylings. His suit, for almost R300 000, alleges that he was given electric shocks, sprayed with tear gas and locked in a small room. Hlatshwayo alleges he has developed a hernia as a result of the attack and is in constant pain.
The attacks were part of a campaign of intimidation against farm workers after the Labour Tenants Act was passed in 1995, according to sources within the Department of Land Affairs. The Act allowed farm workers to put in claims for land that they had lived on as farm workers.
White farmers in the area hired soldiers and security officers to harass and intimidate farm workers from filing such land claims, and to force them to leave the land. This intimidation regularly escalated into violence.
Malcolm Lyons, whose Johannesburg personal injury law firm, Malcolm Lyons & Munro, is handling both claims, said Mayisela’s injuries justify the large amount. “It’s a particularly high claim because of the injuries sustained,” Lyons said. “The extent of the claim depends on the extent of the injury. In this case, he cannot work anymore.”
When contacted about the case, Cornelius Greyling said: “You’re at the wrong place. I’m afraid I won’t be able to help you in this case. I suggest you get your information right.” When pressed, he said: “You are wasting my time. I do not know anything about this. Thank you.” And he politely hung up.