South Africa: 'Landmark' Ruling Stops Eviction of Farmworkers and Their Adult Children From Wellington Farm

analysis

The eviction decision, hailed as a 'victory for the right to family life', will go a long way towards protecting the rights of those living on farms. The elated workers say it brings an end to fears of looming homelessness.

A farmer's application to evict the adult children of farmworkers employed on his farm Hammansdans outside Wellington in the Western Cape was dismissed by Judge Zeenat Carelse in the Land Claims Court on 13 April 2021.

Ashraf Mahomed, who represented the workers, said the judgment was a landmark ruling which in essence protected the rights of children and the right to family life.

Absolom van Wyk, one of the oldest farmworkers on Hammandans farm, said had he been evicted, he would have had nowhere to go. (Photo: Vincent Cruywagen)

The application was brought before the court by First Realty (Krugersdorp) (Pty) Ltd. The farm and company have been owned by farmer Chris Hamman since 2011. The eviction sought was in terms of the Extension of Security of Tenure Act, 62 of 1997.

The role of the act is to prevent unfair evictions and guarantees basic human rights for farmworkers and people living on someone else's land in rural and peri-urban...

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