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South Africa: report reveals dire conditions facing farm workers
By our South African correspondent
2 October 2003
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A report, recently released by the South African Human Rights
Commission (SAHRC), has highlighted the appalling conditions faced
by South African farm workers.
The report was the result of an inquiry launched by the SAHRC
in June 2001, in response to an increasing number of reports of
brutality towards farm workers, execrable working and living conditions
on farms, child labour practices and the ongoing murder of farmers.
The terms of reference for the inquiry included investigating
the incidence of human rights violations in farming communities
since 1998; tenancy conditions; safety and security; economic
and social rights and the underlying causes of human rights violations.
Public hearings were held in all of South Africas provinces,
providing an opportunity for farm dwellers to give evidence to
the Commission.
The finalised report was eventually released in late August
and paints a grim picture of the South African countryside: brutal
living and working conditions, frequent evictions and physical
assaults characterise the lives of many farm workers.
Historical background
The historical background to the deplorable conditions endured
by South African farm workers lies generally in South Africas
history of colonial conquest and dispossession of indigenous people,
but more particularly in the 1913 Natives Land Act. This piece
of legislation outlawed the ownership of land by blacks in areas
designated for white ownership. Essentially, it solidified the
distribution of land that emerged from the era of colonial wars
against indigenous tribes and polities. It further sought to roll
back black ownership of land in certain areas. The outcome was
that 87 percent of land became white owned, whilst blacks were
relegated to the remaining 13 percent.
The advent of the Natives Land Act provoked protest and resistance
amongst its victims. Sol T Plaatje, one of the founding members
of the South African Native National Congress, the forerunner
of the African National Congress, wrote eloquently about the effect
of the Native Land Act on black South Africans accurately characterising
it as class legislation.
Preceding the Natives Land Act, large numbers of black people
occupied ostensibly white farmland, often with the
approval of the owner. This was at a time when many farmers were
unable to cultivate or use the entire extent of their land due
to lack of capital. Sharecropping arrangements with black families
who possessed draught animals, ploughs and labour became commonplace,
especially in grain producing areas. In some districts, black
sharecroppers outstripped white farmers in grain production.
Whilst sharecropping was essential to the survival of poorer
farmers, more prosperous farmers agitated incessantly for an end
to squatting on white farms. Numerous petitions, complaining
about the idleness of black squatters who refused
to enter the wage labour market were directed to the government
of the day.
The Natives Land Act tipped power in favour of white farmers,
enabling them to either evict black communities living on their
land, or to force more onerous conditions upon them. Thus sharecroppers
were pushed down a sliding scale of tenure security, becoming
labour tenants (where labour is provided to the farmer in return
for being allowed to remain on the land) and eventually, farm
workers. Amendments to the original Act, aimed at outlawing sharecropping
and labour tenancy, were only partially successful, as undercapitalised
farmers continued to rely on such arrangements.
In the 1960s, the remnants of sharecropping were extinguished
when the state came to play a more active role in white agriculture,
extending generous subsidies and loans to white farmers. In poorer
areas, this enabled landowners to end sharecropping arrangements,
perceived by the state bureaucracy as a humiliating concession
to blacks. Labour tenancy, despite being outlawed, survived in
pockets in KwaZulu-Natal and Mpumalanga till this day.
A substantial portion of the farm-worker community in South
Africa is comprised of the descendants of people who may have
occupied and farmed white-owned land in a relatively independent
manner. However, there is also a large rural proletariat comprised
of impoverished and landless people from the ex-Bantustans. Increasing
numbers of illegal foreign workers from states neighbouring South
Africa now comprise a substantial portion of the seasonal labour
force in provinces such as Limpopo and Mpumalanga.
Tenure security
On South African farms the right to reside in a dwelling on
a farm is usually linked to the labour contract between the farm
owner and the worker. When a worker is fired or employment is
terminated in some way, the right to reside in the dwelling is
also terminated.
According to the SAHRC report, an estimated 1.4 million people
were evicted from farms in South Africa between 1950 and 1980.
In 1997 the South African government promulgated the Extension
of Security of Tenure Act (ESTA), aimed at protecting occupants
of rural land from arbitrary evictions.
However, ESTA does not bring anything new to the scene. It
essentially consolidates a number of elements of common law which
regulate the process whereby evictions take place. Except in cases
where aged farm workers have dwelt on a particular farm for 20
years or longer, it does not prevent evictions, but merely ensures
that an eviction carries the imprimatur of the court. Nevertheless,
the Commission found that ESTA provisions are generally not applied,
and unlawful evictions continue to be the order of the day.
Farm owners circumvent ESTA in a number of ways, including
threatening and victimising workers in an attempt to force them
to leave, cutting off electricity and water supplies or acting
in other ways to make conditions intolerable for the worker and
his family. Demolition of farm worker dwellings and compelling
workers to sign agreements stating that they will leave the farm
are some of the methods employed by farm owners.
Changes in farming practices in some regions, especially the
shift from livestock to game farming in the more arid parts of
the country, has resulted in increased numbers of evictions. The
Commission heard evidence from people who, after living and working
on a particular farm for more than 40 years, were summarily evicted
after the farm changed hands and the new owner converted its operations
to game farming.
Labour conditions today
Although legal protection has been extended to farm workers
labour rights, the Commission found that generally, there is widespread
non-compliance with labour law.
Extremely low wages, long hours, dangerous working conditions,
victimisation of trade-union members, child labour practices,
use of the tot system (whereby workers are given alcohol as a
component of their wages) and the use of illegal immigrants were
amongst the violations found by the Commission.
It was also clear that the protection afforded to farm workers
by the Department of Labour is hopelessly inadequate. Currently
there are only 800 labour inspectors for all workplaces in South
Africa but alone there are some 70,000 farms in the country. Thus,
working conditions tend not to be regulated by law, but by the
interests of the landowner.
Farm workers receive the lowest wages of any sector in the
country. A minimum wage for farm workers has been proposed, but
this has been strenuously opposed by farm owner organisations.
Wages vary from R800 per month to as little as R60 per month.
In Free State Province, the Commission heard reports of workers
working from 5.30 to 18.30, Mondays to Saturdays, for R350 per
month (about £30). Non-compliance with working hours, including
no overtime payment for public holidays was so widespread throughout
the country, that it appeared to be the norm.
Illegal farm workers, mostly from Mozambique and Zimbabwe are
subject to extreme abuse and exploitation. In many cases, farm
owners will hire illegals to perform certain work,
and will have them deported without paying them. Violence against
illegal workers goes mostly unreported.
Incidences involving the use of the tot system, whereby workers
either receive part of their wages in alcohol or are given alcohol
as an incentive to work harder, were also reported
to the Commission. The system rarely appears in its most blatant
form where workers are given alcohol to drink during the day,
but more often appears in the guise where workers are given a
bottle of wine at the end of each day and the cost is deducted
from their wages.
The most enduring legacy of the once widely prevalent tot system
is the widespread abuse of alcohol in farming communities. In
the Western Cape, it is estimated that alcohol abuse accounts
for up to 60 percent of violent incidents resulting in trauma.
Foetal alcohol syndrome (FAS) is another manifestation of the
high levels of alcoholism amongst farm workers. Studies undertaken
in 1996/7 in the Wellington area of the Western Cape indicate
FAS incidence at 45 per 1,000 live births. When the research was
repeated some three years later, the incidence had gone up to
67 per 1,000. This is compared to an incidence of less than one
per 1,000 live births in the developed world.
Violence against farm workers
Numerous cases of violence against farm workers were reported
to the Commission. In Limpopo Province, assaults against farm
workers seem to be common practice, rather than the exception.
This is accompanied by a very low rate of conviction of perpetrators.
Many assaults go unreported as farm workers do not have much faith
in the police; some even fearing retribution from farm owners
after learning that workers have laid charges against them.
In a case reported to the Commission in Limpopo Province a
worker was shot at by a farmer, the bullet grazing his head. When
he went to the local police station, they refused to assist him
in obtaining medical care. After taking care of this himself,
the police did nothing to obtain the medical statement. The prosecutor
declined to prosecute the case due to lack of evidence.
In other cases, the police have directly assisted farmers in
evicting workers.
The main perpetrators of violence seem to be individual farmers,
commandos and private security groups. The most notorious of these
is the vigilante group, Mapogo a Mathamaga, operating in Limpopo
and Mpumalanga Provinces, which includes former members of the
Rhodesian army and Koevoet in its membership. Mapogo members have
been linked to a number of murders of farm workers.
The general modus operandi of vigilante groups such as Mapogo
is to abduct suspects, torture them to extract confessions, before
executing them.
Farm owners have also been subject to violent attacks, mostly
by criminal gangs who target farm homesteads because of their
relative isolation. In some cases farm workers may provide information
and other assistance, but there is no direct evidence upholding
the claim of farm owners that they are being deliberately targeted
in an attempt to drive them off the land. Farm-owner unions generally
reject any notion of a link between the appalling conditions on
their farms and the frequency of attacks.
SAHRCs conclusions
The SAHRC takes a human rights approach to the
shocking conditions experienced by farm workers, and advocates
the formation of a Farming Community Forum where farm
dwellers, farm owners and government can confront each other
on an equal basis to resolve issues that impede the enjoyment
of rights in rural communities.
They continue, stating [a] common understanding of a
rights-based approach needs to be promoted in this forum.
This is a rather meek and watered down reaction to the appalling
catalogue of horrors contained in the report, amounting to an
acknowledgement that the Commission, despite being a constitutionally
established body, is organically incapable of defending the rights
it so proudly proclaims.
The bitter lives of farm workers in South Africa, nearly a
decade after the first democratic elections, is a grave indictment
of the ANC governments failure to provide a better
life for all. Even the very limited reforms aimed at farm
workers do not seem to have been implemented, and generally, have
not changed the relationship between farm owners and workers.
Essentially, the status quo in the countryside is indistinguishable
from that under apartheid. Without making radical inroads into
property relations in South Africas rural areas, farm workers
will continue to remain the most oppressed and most exploited
sector of the South African working class.
See Also:
South African government does
about-turn on AIDS treatment
[15 September 2003]
South Africa: ANC escalates
privatisations and economic restructuring
[19 February 2003]
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