Agriculture, Economic Development and Tourism
With regard to the eviction of farm workers:
(a) What specific protocols are in place to ensure that landowners in the province comply with the Extension of Security of Tenure Act, 1997 (Act 62 of 1997) (ESTA), particularly with (i) the requirements for lawful termination of residence, (ii) written notice to occupiers and relevant authorities and (iii) the securing of a court order before any eviction of farm workers or farm dwellers takes place, (b) how is his Department preventing the unlawful practice of conflating termination of employment with a right to evict farm workers from on-farm accommodation and (c) what measures are being taken to (i) strengthen monitoring, (ii) ensure enforcement and (iii) conduct inter-departmental oversight to protect vulnerable farm occupiers, such as (aa) long-term residents, (bb) the elderly, (cc) children and (dd) persons with disabilities, from unlawful evictions as prohibited under ESTA?
- The National Department of Land Reform and Rural Development (DLRRD) is responsible for ensuring proper implementation of the Extension of Security of Tenure Act (ESTA), which protects farm workers and their families from unlawful eviction.
(i) Under ESTA, the termination of residence must be lawful, reasonable, and procedurally fair. Compliance is ensured through:
- Statutory provisions (sections 8–11) that regulate conditions for termination, limits on eviction, and procedures for court orders.
- Mandatory mediation (as affirmed in a 2025 Land Court ruling) before any eviction application may be lodged.
- DLRRD Tenure Units, which manage complaints, ensure adherence to legal procedures (including mediation), refer occupiers for legal assistance to Legal Aid SA, and oversee implementation of the amended Act.
(ii) ESTA prescribes formal notice requirements for occupiers and relevant authorities, including:
- Notices issued under sections 7(1), 8(5), 9(2)(d), and 10(1)(b),
- Rules governing the method of service, proof of service, and the presumption of service, ensuring proper delivery of notices to affected parties and authorities such as municipalities and DLRRD.
(iii) Eviction may only occur through a court order, issued after full consideration of fairness, accommodation needs, and duration of occupation. Since April 2024, courts require proof of completed mediation before hearing an eviction matter. DLRRD investigates reported illegal evictions and supports affected occupiers through Legal Aid referrals and ESTA grants for legally evicted persons.
- The Western Cape Department of Agriculture (WCDoA) is not responsible for administering evictions. However, through its Chief Directorate: Rural Development, Sub-Programme: Farm Worker Development, it plays a supportive role by addressing socio‑economic conditions that affect tenure security. The Department assesses eviction-related complaints received from various stakeholders and refers these cases to DLRRD for legal compliance and to Legal Aid South Africa for representation.
c) To enhance monitoring, enforcement, and inter-departmental oversight, the WCDoA implements the following measures:
- Workshops on labour rights and tenure security;
- Information sessions for farm owners, HR officials, and farm workers in partnership with Legal Aid and DLRRD;
- DLRRD-led tenure awareness activities.
These initiatives help ensure compliance with ESTA and provide additional protection for vulnerable groups, including long-term residents, the elderly, children, and persons with disabilities against unlawful evictions.
