Research has shown that only 1% of almost one million evictions from farms in the past 10 years have involved a legal process.
The research also indicates that evictions peaked after the 1997 introduction of the Extension of Security of Tenure Act (Esta), designed to secure the tenure rights of farm dwellers. Land activists have criticised Esta and the Land Reform Labour Tenants Act (LTA) for lacking teeth.
The report, presented to Parliament’s agriculture committee this week, is the product of three years’ research by the Nkuzi Development Association and Social Surveys Africa. They found that from 1994 to end-2004, 199 600 farm dwellers’ households, or about 940 000 people, were evicted from farms.
The survey shows that the scale of evictions in the decade after 1994 was greater than that in the preceding 10 years, when 737 000 people were evicted.
”The dispossession of black South Africans has continued unabated in post-apartheid South Africa,” said Marc Wegerif, Nkuzi’s programme manager. ”Evictions have undermined the limited gains of land reform and contributed to consolidating farm ownership in fewer hands.”
The figures explain the massive growth in peri-urban shanty towns in the past decade, particularly in the Free State. More than 48% of evictees now live in townships, mostly in the poorer sections and 30% have moved into informal settlements.
Edward Lahiff, researcher at the Programme for Land and Agra-rian Studies, said Esta and the LTA aimed to secure the rights of farm dwellers, prevent evictions and provide long-term settlement options.
”This is not happening. The main problem with the legislation is that it is reactive, rather than proactive.”
Lahiff said the consistent failure to prosecute landowners over illegal evictions sent ”unfortunate signals” to landowners and farm dwellers.
”The Department of Land Affairs, municipalities and the police are failing to use the powers granted to them.” Farm dwellers had to take the initiative by laying charges or seeking a court order against landowners. Given the imbalance in power and resources, this was not realistic, Lahiff said.
The survey indicates that before 1994 drought prompted most evictions, while since 1994 legislation has been the trigger. In 1997, when Esta was passed, 129 000 people were forced off farms. About 138 300 were evicted in 2003, when minimum wages were introduced in agriculture.
The survey finds farm dwellers have limited awareness of their rights and where to get help. About 37% of evic-tees had no education and 39% had only a primary school education.
Most evictions took place because the main breadwinners had been fired (31%), followed by women and children turned out after the death of their husbands and fathers (28%).
Land affairs spokesperson Solly Phetla said he believed the legislation was working.
”There will be loopholes and the department introduces amendments where they are identified,” he said. ”The principles are sound; only implementation needs to be strengthened.”