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Follow Up Report on the Implementation and Monitoring of the

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					Follow Up Report on the Implementation and Monitoring of the
Recommendations Flowing from the Final Report on the Inquiry into
Human Rights Violations in Farming Communities

1. Introduction

  The South African Human Rights Commission (SAHRC), being a
  constitutional body charged with the task of promoting respect for human
  rights and a culture of human rights, promoting the protection,
  development and attainment of human rights and the monitoring and
  assessment of the observance of human rights in the Republic, produced
  the Final Report on the National Inquiry into Human Rights Violations in
  Farming Communities (Final Report) which provided an accurate reflection
  of the broad trends of the human rights situations in farming communities
  and the underlying causes of human rights abuses that occur. The Final
  Report attempted successfully to reflect the information that was provided
  to the Inquiry and which formed the basis of the findings and
  recommendations that were arrived at.

  The Final Report made numerous findings and recommendations to
  various role-players on specific issues that were raised during the Inquiry.
  The Final Report commented that with regard the recommendations
  made, many related to training to address the lack of knowledge and the
  many perceptions and realities that stand in the way of people accessing
  their rights. The Final Report identified the major challenge confronting
  farming communities as being not the inadequacies of laws that protect
  people but rather the barriers that stand in the way of the realisation of
  their rights. These barriers identified by the Final Report included a lack of
  will power, a lack of service, a lack of access and a lack of resources and
  knowledge.

  The following shall constitute a Follow Up Report on the implementation
  and monitoring of the recommendations flowing from the Final Report on
  the Inquiry into Human Rights Violations in Farming Communities.

  With this in mind the Follow Up Report shall as with the Final Report
  separate the issues into chapters covering Land Rights, Labour, Safety and
  Security and Economic and Social Rights. These chapters shall set out the
  recommendations made by the Final Report and where necessary, the
  corresponding findings. The relevant role players to whom
  recommendations were made shall be indicated in italics.

2. General

  2.1    Farming Community Forum

         General recommendation



                                                                              1
      The Final Report made a general recommendation that a forum for
      dialogue be created between the three major social partners from
      the farming communities, namely, the farm dwellers, the farm
      owners and the government. The forum was to create a platform
      where parties could confront each other on an equal basis to
      resolve issue that impede the enjoyment of rights in rural
      communities. The Final Report recommended further that the
      impetus for the forum needed to be initiated by the Office of the
      State President so as to avoid a further spiralling of bureaucratic
      approaches when dealing with issues.

      Progress on recommendations

      This recommendation has failed to take off and it appears as
      though the concern expressed above relating to the spiralling of
      bureaucratic approaches seems to have surfaced. Although not
      directly stated within the numerous submissions received from the
      various role-players, the common theme throughout illustrates that
      the need to consolidate the multiplicity of structures and
      interactions taking place between government and organised
      agriculture and to consolidate efforts into a holistic approach, in
      which issues relating to the farming communities are addressed,
      remains a hurdle that needs to be overcome.

2.2   Farm workers and their families who live off the farm

      To the Department of Land Affairs and other relevant role-players

      The Inquiry noted that the Department of Land Affairs (DLA) has
      begun addressing the land rights of the said group by
      commissioning a research project. The Final Report encouraged
      further research on the human rights of this category of rural
      dwellers.

2.3   Power and relationships

      To all role-players

      The Final Report recommended that all role players were to
      continue to encourage and take proactive steps to ensure that
      decisions taken at the national or organisational level be
      implemented on the ground.

      Progress on recommendations

      The commitment of the majority of role-players to the
      recommendation has to a greater extent been evident from the
      numerous submissions the SAHRC has received with regard to the


                                                                          2
              Follow Up Report. It is noteworthy to add however that certain role-
              players have indeed failed to make submissions timeously or at all,
              which to a certain degree may illustrate the difficulty with
              implementing decisions taken at national or organisational level on
              the ground.

      2.4     Power and land

              To the Department of Land Affairs

              The Final Report recommended that:

                     The power of land ownership needs to reside in concepts of
                      democracy based on dignity and a fundamental respect for
                      the rights of others;

                     The power of land ownership must be exercised in a socially
                      responsible manner and if necessary, be legally regulated;

                     The bundle of rights contained in ownership needs to be
                      unpacked and understood within a social context in which
                      the dignity of others is respected, protected, and promoted;

                     The notion that the right of land ownership is absolute has to
                      be challenged. It has to be reconciled with the right to
                      access and the realisation of economic and social rights; and

                     Practical solutions needed to be found to balance and protect
                      the rights of the landowner and those who dwell on the land.

              Progress on recommendations

              In its communications with the DLA the SAHRC proposed that due
              to its complexity a seminar or a conference be arranged with
              experts in their field to address the recommendation. The DLA has
              indicated that it is not averse to such a seminar or conference and
              shall contribute in terms of presentations on the topics to be dealt
              with.1

      2.5     Access to the realisation of rights in farming communities

              Access to justice and service providers

              To the Legal Aid Board

              The Final Report recommended that:

1
    “Submission by the Department of Land Affairs”, written submission, 19 th November 2004


                                                                                              3
       The Legal Aid Board (LAB) extend its services into the rural
        areas and provide legal representation to farm dwellers
        faced with eviction;

       The LAB was further urged to take immediate steps to
        communicate its policies regarding access to legal
        representation for farm dwellers to rural LAB officers;

       The Final Report recommended further that the LAB needed
        to train its attorneys in land law and alternative dispute
        resolution (ADR) mechanisms;

       With regard to land disputes, specialist legal services are
        needed and the Final Report recommended that the LAB
        should link with existing service providers, such as the Rural
        Legal Trust and other Non Governmental Organisations
        (NGO), in order to strengthen those that are currently
        providing an effective service;

       So as to reach people in farming communities the Final
        Report recommended that Justice Centres should have
        mobile units. This was to enable existing centres to service
        communities; and

       The Final Report recommended that the LAB be represented
        on provincial Extension of Security of Tenure Act 62 of 1997
        (ESTA) forums.

Progress on recommendations

The LAB submitted in a meeting arranged that they have
established 27 satellite stations so as to circumvent the problem of
both the increasing demand for assistance in the rural areas as well
as the great distances complainants have to travel to reach the 57
established Justice Centres. Both attorneys and paralegals staff
these smaller satellite stations.

The LAB submitted further that with regard to training programmes
to equip their staff members in ADR mechanisms the said
programmes are in place.

With regard to land disputes the LAB submitted that they have
attempted to establish civil units to deal with matters relating to for
example ESTA and Prevention of Illegal Eviction from and Unlawful
Occupation of Land Act No. 19 of 1998 (PIE) but are currently
canvassing for funding from civil society. In addition thereto the
LAB have been approached by the DLA who have implemented a


                                                                     4
              project to establish offices with units dedicated to deal with such
              land disputes to take over the said project. Funding for the project
              however will be coming to an end this year and here to canvassing
              of funds will be required to keep the said project operational.

              The LAB submitted further that with regard to mobile units they
              have one mobile unit per province, which is linked into its fixed land
              structures. The intention of these units is to access the rural areas
              by means of one person who collects all the relevant information
              and then distributes this information to either the nearest satellite
              station or Justice Centre.2

              To the Department of Land Affairs and the Department of Justice
              and Constitutional Development

              The Final Report recommended that an adjudication system of
              dealing with land disputes needed to be considered and developed
              to replace the costly and adversarial manner in which these
              disputes are currently dealt with. Once in place the adjudicators
              should be trained in human rights principles and land law. The
              adjudication system should include mediation, adjudication and
              internal appeals. Only once these processes have been exhausted
              may one pursue the dispute in court.

              Progress on recommendations

              During the meeting arranged at the SAHRC’s instance the possibility
              of promoting the use of mediation in disputes of this nature was
              discussed. The DoJ&CD submit that if mediation can make a
              difference as is argued in many quarters and has found to be the
              case in other jurisdictions because it reduces long, protracted and
              expensive litigation in court and gives rise in many instances to
              amicable agreements between the parties, the further question is
              raised whether ESTA should not be amended to ensure that no
              eviction proceedings are initiated in court unless the matter has
              been through a mediation process. Such an approach would, of
              course, depend on the availability of appropriate resources.3

              To the Legal Aid Board, Department of Justice and Constitutional
              Development and the Department of Land Affairs

              The Final Report recommended that a mechanism be implemented
              where access to legal representation is available from the earliest

2
    “Submission by the Legal Aid Board”, oral submission, 18th November 2004
3
 “Submission by the Department of Justice and Constitutional Development”, written
submission, 6th December 2004


                                                                                     5
           possible opportunity so that legal proceedings are implemented in
           order to promote the amicable resolution of matters, either at the 2
           month stage provided for in terms of ESTA or the issuing of
           summons, whichever occurs first.

           Progress on recommendations

           The DoJ&CD submits that accepting the fact that most occupiers do
           not know their rights relating to legal representation, that they do
           not know that they can be assisted at State expense and do not
           realise the importance of obtaining such assistance, it is important
           to ensure that they are informed thereof as soon as possible. The
           DoJ&CD propose that at the phase when the occupier is required to
           give notice two months in advance of the intended eviction
           proceedings to the occupier and provincial Land Affairs structure
           the provincial Land Affairs structure should be obliged to do a
           preliminary assessment of the matter and then either inform the
           LAB thereof or, alternatively, inform the occupier of the importance
           of making contact with the LAB for the purposes of obtaining legal
           assistance if the occupier qualifies therefore.4

           The DLA stated that is involved with initiatives to ensure that
           sustainable access to justice by farm dwellers. The Department has
           been actively involved in setting up and operating the Rural Land
           Trust and are currently in discussions with the LAB to bring the
           expertise gained by the Rural Land Trust legal teams into targeted
           Justice Centres.5

           To the Department of Land Affairs

           The Final Report encouraged the use of ADR mechanisms in land
           disputes. The DLA in the Final Report was urged to roll out its
           programmes in this regard as a matter of urgency.

           Progress on recommendations

           The DLA submitted that it has commissioned the design of a
           dispute resolution system that may be used to resolve land tenure
           related disputes. The DLA has received a draft of the system from
           the service providers and the final system will be presented to the
           DLA’s top management in due course.6

           To the Department of Justice and Constitutional Development

4
  “Submission by the Department of Justice and Constitutional Development”, written
submission, 6th December 2004
5
  “Submission by the Department of Land Affairs”, written submission, 19th November 2004
6
  “Submission by the Department of Land Affairs”, written submission, 19 th November 2004


                                                                                            6
           Magistrates need training in land laws in which the constitutional
           and human rights framework is conceptualised. The Final Report
           recommended further that the Magistrates’ Court Act No. 32 of
           1944 and the Magistrates’ Rules of Court be amended (similar to
           the Criminal Procedure Act No. 51 of 1977 (CPA)) to oblige
           Magistrates’ to inform the indigent farm worker of his or her rights
           to legal representation.

           Progress on recommendations

           The DoJ&CD submits that it intends investigating the possibility any
           appropriate amendments of the Magistrates’ Court Act No. 32 of
           1944 and the Magistrates’ Rules of Court. The final decision relating
           to the amendments is, of course, dependant on a number of
           factors, including the availability of funding to deal with a probable
           increase in the use of legal aid, and the approval thereof by a
           number of role-players, among others, the Minister, Cabinet,
           Parliament and the Rules Board.

           Appropriate amendments will be drafted in conjunction with role-
           players to ensure that the aim thereof is achieved, as it has been
           suggested that many accused persons, although they are informed
           of their rights relating to legal representation, as required by the
           CPA, are not questioned to make sure that they in fact understand
           their rights and the importance of obtaining legal assistance.7

           To government

           Multi Purpose Community Centres (MPCC) in rural areas should be
           rolled out and used to assist with access to information and
           assistance to ensure the realisation of economic and social rights.

           Progress on recommendations

           The Government Communication and Information System (GCIS) in
           August 2004 submitted that it has made steady progress with
           regard to the roll out of the governments MPCC Programme toward
           its goal of establishing one MPCC in each district municipality by
           December 2004. As at August 2004 the number of operational
           centres countrywide stood at 59. The centres were fast becoming
           hubs of information and awareness with communities visiting these
           centres in growing numbers.8

7
  “Submission by the Department of Justice and Constitutional Development”, written
submission, 6th December 2004
8
  “Submission by the Government Communication and Information System”, written
submission, 31st August 2004


                                                                                      7
        Access to farms

        To all role-players

        The Final Report recommended that the Farming Community Forum
        needed to address the issue of access to farms within a human
        rights framework. Moreover the rights enshrined in ESTA, of
        occupiers being entitled to receive visitors, had to be dealt with in a
        practical and amicable manner.

        The Final Report recommended that possible ways of addressing
        the access issue raised during the Inquiry included:

                A government policy on access to farms;

                An accreditation system for role-players;

                Public servitudes;

                Systems for prior authorisation being requested;

                Legal channels in a court of law; and

                Local municipalities must address the issue of access to
                 farms within a developmental proactive framework.
                 Thorough planning and management of the matter can be
                 dealt with on a long-term basis by the provision of access
                 roads on farms where there are farm dwellers. Such
                 planning must include the farm dwellers as well as all
                 other relevant role-players.

        Progress on recommendations

        As the Faring Community Forum has as yet not been established
        the issue of access to farms has not been directly raised. It is clear
        however that from the numerous submissions received more
        attention needs to focused on the issue.

3. Land Rights

  3.1   Tenure Security

        To all role-players

        Role players were encouraged in the Final Report to continue with
        training and education programmes on ESTA with emphasis on



                                                                             8
              understanding and acknowledging the constitutional framework of
              the legislation.

              Progress on recommendations

              The South African Police Services (SAPS) submitted that their legal
              responsibility is limited to one of three situations:

                          The SAPS will investigate all crimes reported to its
                           Community Service Centres, irrespective of the status of
                           the complaint, whether an occupier or a land owner;

                          The SAPS is, by law, obliged to provide the Sheriff of the
                           Court with the necessary protection, should the Sheriff
                           require same during an eviction; and

                          The SAPS has the responsibility to maintain public order,
                           should public order break down.

              When evictions are reported, the SAPS will therefore investigate to
              determine whether one of the following offences has been
              committed:

                         Common law offences such as assault, murder, arson,
                          malicious damage to property or any attempt;

                         Trespass in terms of section 1 (1) of the Trespass Act of
                          1956;

                         Public Violence in terms of section 17 of the Riotous
                          Assemblies Act No. 17 of 1956;

                         Intimidation in terms of section 1 or 1A of the Intimidation
                          Act No. 72 of 1982;

                         Payment for organising unlawful occupation in terms of
                          section 3 (1) of PIE;

                         Unlawful eviction in terms of section 23 of the ESTA; and

              Conspiracy to commit any of the above in terms of section 18 (2)
              (a) of the Riotous Assemblies Act No. 17 of 1956.9

              To the Department of Land Affairs



9
    “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                              9
      The Final Report recommended that the ESTA forums within
      provinces were encouraged to share their successes and failures
      with other provincial departments.

      Progress on recommendations

      Notwithstanding the fact that the SAHRC has not received any
      submissions regarding this recommendation it maintains the view
      that such interaction can only be beneficial. Moreover the Research
      Department of the SAHRC shall be in contact with the DLA and
      obtain directly from the role-player a response.

      Northern Cape

      The Final Report stated that the DLA in the Northern Cape was
      weak and was not sufficiently active in realising the land rights of
      farming communities. The Final Report stated further that there
      was a lack of interaction amongst role-players in the Northern
      Cape.

      The Final Report recommended that the DLA was urged to take
      steps to address these findings as a matter of urgency and report
      to the SAHRC on its plans and progress.

      Progress on recommendations

      Despite numerous attempts to contact the Provincial Government of
      the Northern Cape no submission could be obtained regarding this
      recommendation. However the SAHRC has recently opened a
      provincial office in the Northern Cape and the said provincial office
      may directly relay enquiries regarding this recommendation to the
      provincial department of the DLA concerned.


3.2   Non-compliance with ESTA procedures and common law
      evictions

      To the Department of Justice and Constitutional Development

      The Final Report recommended that magistrates and prosecutors
      should receive training on the provisions of ESTA.

      Progress on recommendations




                                                                        10
           The DoJ&CD submit that the Justice College has informed it that
           approximately two years ago, a training blitz was conducted for
           magistrates around the country regarding ESTA.10

     3.3   ESTA Section 19 – review proceedings

           To the Department of Justice and Constitutional Development

           The high number of eviction orders overturned during review
           proceedings in the Land Claims Court indicated that there was a
           lack of compliance with legislation by magistrates and attorneys.

           Progress on recommendations

           The Justice College has included training for magistrates on ESTA,
           in its work programme for 2005/2006.11

     3.4   Burial Rights

           To all role-players

           Parties needed to be educated about burial rights on farms in order
           to proactively avoid conflict and situations where human dignity is
           compromised.

           Progress on recommendations

           Agri – SA communicates to farmers through Agri – SA’s publications
           as well as on an individual basis when approached by members for
           advice in this regard information on burials on farms.12

     3.5   Visitors

           To all relevant role-players

           The Final Report stated that the issue of the rights of farm dwellers
           to receive visitors was not always being respected and that it
           should be addressed at the Farming Community Forum and
           solutions found that are acceptable to all parties. The said Final
           Report recommended further that the issue should be considered
           by the DLA team that is responsible for the consolidation of ESTA
           and the Land Reform (Labour Tenants) Act 3 of 1996 (LTA)
           legislation.
10
   “Submission by the Department of Justice and Constitutional Development”, written
submission, 6th December 2004
11
   “Submission by the Department of Justice and Constitutional Development”, written
submission, 6th December 2004
12
   “Submission by Agri – SA”, written submission, 6th September 2004


                                                                                       11
              Progress on recommendations

              As the Faring Community Forum has as yet not been established
              the issue of visitors has not been directly raised. It is clear however
              that from the numerous submissions received more attention needs
              to focused on the issue.

      3.6     New farm owners

              To the Department of Land Affairs

              The Final Report recommended that the DLA should consider how
              to ensure that the change of ownership provisions contained in
              ESTA can be implemented.

              Progress on recommendations

              The DLA has initiated programmes to educate all interested parties
              about the provisions of ESTA including the change of ownership
              provisions contained therein.13

              To Agri – SA

              The Final Report recommended that members should be educated
              about the provisions of ESTA relating to change of ownership.

              Progress on recommendations

              Agri – SA stated in their submission that as an organisation they
              were very much involved in the initial programmes by the DLA to
              educate all interested parties about the provisions of ESTA. They
              also embarked upon their own communication campaign to inform
              its members about the provisions of ESTA. A section on ESTA was
              included in the NORAD training programme in which thousands of
              farmers were trained in labour and land reform laws. Information
              on ESTA, and many other laws is still available on Agri – SA’s
              website and articles on the subject appeared in Agri – SA’s
              publication on a regular basis.14

      3.7     Sale of land for the creation of game farms

              To the Department of Land Affairs and relevant stakeholders



13
     “Submission by the Department of Land Affairs”, written submission, 19 th November 2004
14
     “Submission by Agri – SA”, written submission, 6th September 2004


                                                                                           12
              The Final Report recommended that there was a need for a co-
              ordinated inter-departmental approach to dealing with the issue of
              the creation of game farms.

              Progress on recommendations

              Despite numerous attempts to obtain a submission regarding the
              recommendation none could be obtained. However the Research
              Department of the SAHRC may be able to enquire with the DLA
              with regard to the aforesaid recommendation.

      3.8     Keeping of livestock

              To all role-players

              The Final Report recommended that the keeping of livestock
              needed to be addressed in a human rights framework that takes
              cognisance of all affected rights of the parties involved.

              Progress on recommendations

              The SAHRC and its legal services department in particular, is tasked
              to address this issue by means of its day-to-day file handling policy.

      3.9     ESTA Section 4 subsidies

              To the Department of Land Affairs

              The Final Report recommended that the DLA needed to supply
              statistics to the SAHRC on the number of section 4 subsidies
              approved and granted, and the status of the current project.

              Progress on recommendations

              The following spreadsheet15 was received illustrating the required
              information:

Province             Project name        Current status        Year      Beneficiaries     Grant
Northern Cape        Warmsand            Transferred                     18                R288 000.00
                                         June 2002
Free State           No Sec 4
                     projects
Mpumalanga           No Sec 4
                     projects
Eastern Cape         No Sec 4
                     projects

15
     “Submission by the Department of Land Affairs”, written submission, 19 th November 2004


                                                                                           13
KZN            No Sec 4
               projects
Northern       No Sec 4
Province       projects
Western Cape   Buffelsjag       Implementation    2002    2              R32 000.00
                                Phase
North West
Province
Gauteng        Karise farm      Approved          2001    6              R96 000.00
               Dayspring 1      Transferred       2001    5              R0 .00
               Dayspring 2      Transferred       2003    2              R0 .00
               Waghtenbitjie-   Transferred       2002    7              R112 000.00
               skop
               Zwavelpoort      Transferred       2002    10             R160 000.00
               Schietpoort      Approved          2002    13             R208 000.00
               Kibi Family      Approved          2004    10             R160 000.00
               Mamello          Approved          2004    200            R2 200 000.00

TOTAL          18                                         273            R3 256 000.00

   3.10 ESTA Section 23 illegal evictions

         To the Department of Land Affairs

         The Final Report recommended that mechanisms and training to
         deal with the implementation of section 23 of ESTA should be co-
         ordinated with the assistance of other role-players through forum
         structures similar to those that exist in some provinces.

         Progress on recommendations

         As has been stated above the failure of the creation of forum
         structures has halted the progress of the present recommendation.
         However the lack of forum structures should not be an impediment
         to prevent all the role-players from co-ordinating the mechanisms
         and training to deal with the implementation of section 23 of ESTA.

         To the South African Police Services

         The Final Report recommended that a quick-response mechanism
         was needed at a high level within the SAPS to respond to evictions.
         It was further recommended that the SAPS be encouraged to
         pursue preventative policing strategies and to attend at the scene
         of threatened evictions and advise farm owners about criminal
         provisions of ESTA. The Police were recommended to set up a
         hotline for eviction cases to their legal department.




                                                                         14
               Progress on recommendations

               With regard to need for a quick-response mechanism the SAPS
               submits that the said mechanism is already firmly established at
               local level with Community Service Centres and reporting points at
               satellite Police Stations. The above, coupled with Sector Policing,
               the Rural Safety Plan and Community Policing Forums, can deal
               with reports of illegal activity. The Rural Safety Priority Committee
               is comprised of several interest groups, including organised
               agriculture. Through these bodies, information about the rights and
               duties of landowners and occupiers are disseminated.

               With regard to preventative policing strategies the SAPS submits
               that Sector Policing, the Rural Safety Plan and the Community
               Policing Forums can best deal with reports of illegal activity. The
               SAPS however reiterates that it shall only attend the scene of
               evictions to investigate crimes reported to its Community Service
               Centres, irrespective of the status of the complaint, whether an
               occupier or a land owner, to provide the Sheriff of the Court with
               the necessary protection, should the Sheriff require same during an
               eviction; and to maintain public order, should public order break
               down.

               With regard to the setting up of a hotline for eviction cases the
               SAPS submits that all criminality must be reported to Community
               Service Centres and if any queries arise, members or commanders
               may utilize Legal Services.16

               To KwaZulu Natal SAPS

               The Final Report recommended that the KwaZulu Natal SAPS
               (KZNSAPS) inform the SAHRC of immediate steps that will be taken
               to address the lack of knowledge and enforcement of ESTA
               amongst their members.

               Progress on recommendations

               The KZNSAPS submitted that its lack of knowledge and
               enforcement of ESTA was identified as a point of concern during
               the latter part of 2002. The matter was discussed at the KwaZulu
               Natal Provincial Priority Committee on Rural Safety and Tourism
               (the committee consisting of members from various governmental
               and non governmental departments) in which the DLA, who formed
               part of the committee, was approached to assist with booklets
               pertaining to ESTA. The booklets were distributed to all stations in


16
     “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                             15
            the Province of KwaZulu Natal and some areas also initiated
            workshops on ESTA to all their Station Commissioners.

            Operational guidelines for members of the SAPS have also been
            compiled by the Head of Operational Co-ordination stationed in
            Pretoria. The guidelines provide members with all the applicable
            legislation including ESTA, PIE and LTA as well as possible actions
            to be taken in each case. The guidelines were handed to all Area
            Heads responsible for Crime Prevention in KwaZulu Natal, for
            circulation to all stations.17

     3.11 Women

            To all role-players

            The Final Report encouraged all role players to address the effects
            of discrimination against women in acquiring tenure security.

            Progress on recommendations

            Many role-players have raised the plight of women in this regard in
            their submissions and there seems to be a collective effort to
            address this concern.

     3.12 Emergency accommodation after an eviction

            To government departments and local government structures

            The Final Report recommended that all relevant government
            departments must submit a reasonable plan to the SAHRC that
            addresses the plight of people in crisis situations after an eviction.
            The Plan must deal with the socio-economic rights that need
            addressing in a just and equitable manner. Municipalities should
            develop a Framework Guiding Document for these emergency
            situations.

            Progress on recommendations

            The Department of Housing (DoH) has instituted a programme in
            terms of section 3 (4) (g) of the Housing Act No 107 of 1997
            referred to as the National Housing Programme for Housing
            Assistance in Emergency Housing Circumstances. Essentially, the
            objective of the said programme is to provide for temporary relief
            to people in urban and rural areas who find themselves in
            emergencies. The programme describes and provides guidelines

17
  “Submission by the KwaZulu Natal South African Police Services”, written submission, 9 th
September 2004


                                                                                              16
           and rules about the steps to be taken when a situation arises which
           necessitates an application for assistance. In short it pertains to the
           role of the municipality in whose jurisdiction the situation arose as
           well as to the role of the Provincial DoH.18

     3.13 Land Tenancy

           To the Department of Land Affairs

           The Final Report recommended that the DLA take the necessary
           steps to ensure that the processing of land applications of labour
           tenants are processed as expeditiously as possible. The Final Report
           recommended further that the DLA address the abuse of rights
           arising out of the lodging of land applications in the revision and
           consolidation process of ESTA and LTA legislation.

           Progress on recommendations

           In 2002, a task team was established in conjunction with the
           National Land Committee and key government departments. At that
           time an attempt was made to come up with a Country Plan of
           Action to deal with issues surrounding farm labourers or workers.
           Various stakeholders, including Agri – SA and other farmers’
           associations and unions, also participated in the process. However,
           finalisation of the Plan has been hampered by the fact that a
           number of inputs from key government departments are still
           outstanding. It is hoped that this process will be concluded during
           2005.19

     3.14 Redistribution

           To the Department of Land Affairs

           The Final Report recommended that the DLA must undertake a
           programme of effective consultation at a level to ensure that people
           understand the land reform process, what it entails and what
           realistic time frames will be put in place. The Final Report
           recommended further that there was a need for greater
           encouragement of small-scale farming and the involvement of
           young people in productive and sustainable ventures on farmland.
           Educational higher institutions and agricultural institutions should
           be encouraged to promote programmes to refocus attention on
           opportunities in the agricultural sector for young people. The role of

18
   “Submission by the Department of Housing”, National Housing Programme: Housing
Assistance in Emergency Circumstances, written submission, April 2004
19
   “Submission by the Department of Justice and Constitutional Development”, written
submission, 6th December 2004


                                                                                       17
              the Department of Trade and Industry (DTI) must be explored in
              terms of creation of opportunities and skills and the creation of
              small and medium enterprises.

              Progress on recommendations

              The DLA submits that with regard to the issue of effective
              consultation, various methods of communication are being utilised
              in the provinces to ensure that the broader community is aware of
              the DLA’s programmes, grants and services. Extensive road shows,
              radio broadcasts and print media, in all official languages, were
              employed to promote land reform during 2001 – 2002. Since then
              communication has been ongoing including inter alia brochures,
              leaflets, person-to-person information sharing, at all levels to
              ensure that all people are made aware of its’ programmes.

              The DLA provincial land reform offices have dedicated community
              liaison officers and/or project officers with community liaison skills.
              If a community liaison or project officer determines that there are
              community dynamics, then he or she appoints a community
              facilitator to explain the processes. Beneficiaries are given simple to
              understand information booklets in the language of their choice
              that outlines the Land Redistribution for Agricultural Development
              (LRAD) project cycle and gives a rough estimation of the time
              frames. A breakdown in communication may arise when
              beneficiaries become impatient with the processes that may be out
              of the Department’s control for example the finalisation of business
              plans, valuations or other services where the Department has to
              utilise service providers.

              The DLA submits further that the youth are definitely encouraged to
              apply for LRAD funding. In fact there has been a steady increase in
              youth applicants since 2001. Almost 17% (3 818) of the applicants
              are from this sector. While it may appear that this figure is low, it
              should be noted that worldwide, including South Africa, there is a
              general decline in the participation of youth in the agricultural
              sector. Rapid urbanization and other private sector jobs are found
              to be more appealing than farming. Given these dynamics, the
              Department has commenced discussions with Umsobomvu Youth
              Fund for some farming projects concerning youth in various
              provinces.20

      3.15 LRAD Programme

              To the Department of Land Affairs


20
     “Submission by the Department of Land Affairs”, written submission, 19th November 2004


                                                                                          18
              The Final Report requested the DLA to provide statistics to the
              SAHRC on the number of LRAD grants accessed by farm dwellers.
              The Final Report recommended further that where provinces
              exhaust their land redistribution budgets, they should be provided
              with incentives and the budget should be increased.

              Progress on recommendations

              In this regard the SAHRC has been provided with a spreadsheet
              illustrating the statistics on the LRAD grants.21 Same is annexed
              hereto.

4. Labour

      4.1     Legislation

              To farm owners, farmers’ unions, Agri – SA

              The Final Report recommended that farm owners, farmers’ unions
              and Agri – SA:

                      Are encouraged to continue with their programmes to
                       educate farm owners to comply with labour legislation;

                      To publicly condemn non-compliance with legislation;

                      To develop proactive strategies to ensure compliance; and

                      Liase with other civil society role-players and develop
                       mechanisms to report non-compliance and methods of
                       dealing with it.

              Progress on recommendations

              Agri – SA submits that with regard to its programme to educate
              farmers in labour law, that its five-year project to educate farmers
              in the correct application of labour law was concluded on the 31st
              December 2003. The following were submitted as highlights in the
              report:

                      Norwegian Agency for Development Co-operation (NORAD)
                       contributed a total amount of R6 092 074, 19 and the
                       International Labour Organization (ILO) office in Pretoria
                       paid for the development of the training material at a cost of
                       approximately R250 000, 00. When Agri – SA started running
                       short of funds towards the end of 2002 the Department of

21
     “Submission by the Department of Land Affairs”, written submission, 19 th November 2004


                                                                                           19
       Labour contributed R99 864, 88. Beneficiaries paid an
       amount of R50 per person to attend the training courses and
       Agri – SA’s provincial affiliates contributed in kind by
       arranging and administering the project on provincial level;

      The Initial target was to reach 12 000 participants with our
       training courses, however, 24 861 participants eventually
       attended the courses;

      Included in the above number were 2 275 farm workers, 1
       553 emerging farmers and 2 692 senior students in
       agricultural colleges; and

      Agri – SA concluded the project with the following actions:

          -   A series of 10 radio talks on Radio Sonder Grense
              (RSG) dealing with the most frequently asked
              questions on farm labour (approximately 250 000
              listeners);

          -   Through the print and electronic media Agri – SA
              reached 65 000 readers on the core elements of
              labour laws; and

          -   Articles dealing specifically with child labour were
              published in Landbou Weekblad and Farmers’ Weekly.

With regard to publicly condemning non-compliance with legislation
Agri – SA adopted a more positive approach to encourage full
compliance with legislation.

With regard to more pro-active strategies to ensure compliance,
Agri – SA submits that it has been its main thrust over many years
for example:

      A standard form of contract complying with all relevant laws
       were made available to farmers electronically as well as in
       printed form. This is supported by the following series of
       documents:

          -   Rules of conduct on the farm;

          -   Extension of working hours agreement;

          -   Disciplinary Code; and




                                                                     20
                          -   A very concise summary of the Basic Conditions of
                              Employment Act 11 of 2002 (BCEA) and the Sectoral
                              Determination Number 8: Farm Worker Sector.

                     Active encouragement of farmers to co-operate with labour
                      inspectors, inter alia by way of a circular letter and an article
                      in Agri – SA’s magazine, namely, Agri; and

                     The NORAD training programme referred to above.

              With regard to liasing with other civil society role-players and the
              use of mechanisms to encourage compliance, Agri – SA submits
              that it participated in social dialogue between various social
              partners both with regard to the implementation of the Vision for
              Farm Labour, a document agreed upon by the Minister of Labour,
              the Labour Movement and Agri – SA as well as by means of Labour
              Forums, which have been established by the provincial and regional
              offices of the Department of Labour and function mostly fairly well
              although in some cases there is room for improvement. Agri – SA
              though is taking up the issue that there are also provinces and
              areas where representatives from the farming sector have not been
              invited to participate in the meetings. Agri – SA submits further that
              there is also co-operation with labour inspection services.22

              To trade unions, advice offices and NGOs

              The Final Report recommended that the said role-players should
              continue with programmes to educate farm workers about their
              labour rights, assist farm workers to enforce compliance with
              legislation and liase with farmers’ unions and develop mechanisms
              to report non-compliance and methods of dealing with it.

              Progress on recommendations

              In meetings arranged with the role-players concerned a firm
              commitment was communicated confirming that indeed such
              programmes have been implemented. However concerns relating to
              the difficulties in accessing farm workers were raised.

              To Department of Labour

              The Final Report recommended that parties were encouraged to
              enskill and develop farm workers through the Skills Development
              Act 97 of 1998 (SDA) by providing a grading and certification
              process for different categories of skilled workers, thereby creating
              a career path for such workers.

22
     “Submission by Agri – SA”, written submission, 6th September 2004


                                                                                    21
           Progress on recommendations

           A ministerial task team has been formed with representatives from
           Organised Business and Organised Labour to deal with the various
           constituencies’ concerns regarding the implementation practicalities
           as well as broader issues such as education and training, access to
           farms and the transformation of the sector.23

     4.2   Inspectors

           To the Department of Labour

           The Final Report recommended that:

                  Vacant inspectors posts should be filled as soon as possible;

                  The Department of Labour (DoL) must create internal
                   reporting mechanisms and strategies to deal with instances
                   where inspectors cannot access a farm; and

                  Inspectors should receive training on the links between
                   labour and ESTA legislation.

           Progress on recommendations

           Despite numerous attempts to obtain a submission regarding the
           recommendation none could be obtained. The Research
           Department of the SAHRC shall be in contact with the DoL and
           obtain directly from the role-player a response thereto.

     4.3   Trade Unions

           To trade unions and Agri – SA

           The Final Report recommended that parties be encouraged to
           engage in dialogue with a view to creating a conducive
           environment in which workers are given the opportunity to exercise
           their constitutional labour relations rights.

           Progress on recommendations

           The South African Agricultural, Plantation and Allied Workers Union
           (SAAPAWU) and Agri – SA during meetings arranged with regard to
           the Follow Up Report both committed to engage in frequent

 “Report on the 6th Economic and Social Rights Protocol”, written submission from the
23

Department of Labour, 1st October 2004


                                                                                        22
      discussions with one another notwithstanding the fact that both
      role-players had not met in any capacity for more than two years.

4.4   Labour Consultants

      To Agri – SA and farm owners

      The Final Report recommended that the choice of labour
      consultants should be exercised with caution.

      Progress on recommendations

      The recommendation was canvassed during meetings arranged by
      the SAHRC’s instance.

4.5   CCMA

      To CCMA

      The Final Report recommended that education and publicity
      programmes are necessary to educate farming communities about
      their rights and how to access the CCMA.

      Progress on recommendations

      Part of the GCIS’ MPCC Programme is to increase information and
      awareness within communities visiting these centres on topics such
      as the CCMA.

4.6   Child labour

      To the office on the status of the Child in the Presidency, the
      Department of Labour and Child Labour Intersectoral Group

      The Final Report recommended that:

            Studies and research on the prevalence of child labour in
             farming communities is needed urgently;

            The current initiatives within the DoL to develop legislation
             to deal with child labour were encouraged and it was urged
             that this be prioritised. These initiatives should look at
             strengthening legislative measures to ensure greater
             accountability of employers who use child labour;

            The DoL was urged to continue in its prosecution efforts in a
             responsible manner and to use these prosecutions as a
             mechanism to highlight the seriousness of exploiting child


                                                                       23
                   labour and to promote the rights of a child where these are
                   violated;

                  In the provinces where Child Labour Intersectoral Group
                   (CLIG) structures are no longer operating, it was urged that
                   the structures be reinstated with immediate effect. The DoL
                   was to report to the SAHRC in this regard; and

                  CLIG structures needed to be address child labour in farming
                   communities.

           Progress on recommendations

           The DoL submitted that since 1995, it has been tasked with the
           responsibility to coordinate an inter-departmental programme to
           address the incidences of child labour within the country. As a
           result the Child Labour Action Programme (CLAP) was finalised in
           September 2003 after an extensive period of consultations with key
           stakeholders such as government departments, employers and
           employees, organisations, civil society and children affected by child
           labour. The objective of the policy framework is to eradicate child
           labour through an inter-disciplinary and multi-sectoral fashion. A
           steering committee was also established to oversee the effective
           implementation and monitoring of CLAP.

           The roll out implementation of the CLAP will commence once the
           institutional framework has been finalised. Discussions and
           negotiations are currently taking place within Child Labour Action
           Programme Implementation Committee (CLAPIC) about the
           institutional framework that should be in place before CLAP is rolled
           out. The roles and responsibilities of the various role players are
           also being discussed.

           With regard to communication strategies the DoL has mainly
           focused on education and training initiatives for inspectors and
           relevant stakeholders, including presentations to Select
           Parliamentary Committees. English is mainly the language used in
           communication efforts and this medium includes both print and
           electronic media and the dissemination of information through
           pamphlets and posters.24

           Agri – SA submitted that it actively participated in the actions of the
           CLIG and the steering committee of the CLAP. It submitted further
           that recent surveys by the DoL, the ILO and Statistics SA clearly
           showed remarkable progress with the elimination of child labour in

 “Report on the 6th Economic and Social Rights Protocol”, written submission from the
24

Department of Labour, 1st October 2004


                                                                                        24
              the commercial agriculture sector and where children are still
              employed by farmers they publicly condemned the practice and
              very often call upon the said farmers who are still employing
              children to stop that practice immediately.25

      4.7     Women

              To the Commission on Gender Equality

              The Final Report recommended that the Commission on Gender
              Equality (CGE) address issues raised in the Inquiry pertaining to
              gender issues and to take the necessary steps within its
              constitutional mandate to achieve the protection, development and
              attainment of gender equality within the farming communities.

              Progress on recommendations

              The CGE submitted that it had just concluded an Exploratory Study
              into Gendered Nature of Poverty Among the Elderly throughout the
              country. The report with its findings and recommendations was at
              that stage with the publishers. Depending on the funding and the
              CGE’s plans of action, it submitted further that it may conduct
              further studies to establish the extent to which women farm
              labourers are discriminated against throughout the country.26

              To Department of Labour, Agri – SA, trade unions and other civil
              society role players

              The Final Report recommended that there was an urgent need for
              the provisions of the Employment Equity Act 55 of 1998 (EEA) to be
              promoted within farming communities.

              Progress on recommendations

              Agri – SA submitted that Primary Education and Training Authority
              (PAETA) were placing increasing focus on the training of women in
              the agricultural sector. From the total number of 2 635 learnerships
              in this sector, 688 are at present female and the number it is
              submitted is continuously increasing. As far as PAETA’s structured
              training is concerned, at present 25% of the 86 700 workers
              trained so far or being trained are female.

              As far as Adult Basic Education and Training (ABET) is concerned,
              PAETA has contracted Media Works to run a computer centre
              programme for basic literacy training with particular emphasis on

25
     “Submission by Agri – SA”, written submission, 6th September 2004
26
     “Submission by the Commission on Gender Equality”, written submission, 24th August 2004


                                                                                          25
              women. The programme is still in the initial stages, so far only one
              contract has been concluded (Tzaneen) and the initial results are
              most encouraging. Negotiations to conclude further contracts are
              well advanced in the Western Cape, Northern Cape, Free State,
              Gauteng, Mpumalanga and KwaZulu Natal while negotiations in the
              remaining provinces have also commended.27

      4.8     Illegal foreign workers

              To the Department of Labour and the Department of Home Affairs

              The Final Report urged the Departments to address the
              enforcement of labour legislation in respect of non-nationals.
              Moreover the Department of Home Affairs (DoHA) was urged to
              take steps to hold employers accountable.

              Progress on recommendations

              Despite numerous attempts to obtain a submission regarding the
              recommendation none could be obtained. The SAHRC has
              nonetheless recently held an open hearing on broad issues relating
              to non-nationals and xenophobia. The aforesaid recommendation
              could be canvassed in a response thereto.

      4.9     Seasonal labourers

              To the Department of Labour

              The Final Report recommended that research was needed to
              determine how seasonal workers’ rights in farming communities can
              be strengthened.

              Progress on recommendations

              As to date the SAHRC has not been made aware of any research
              that has been conducted with regard to seasonal workers’ rights in
              farming communities.

      4.10 Tot System

              To Western and Northern Cape provincial government

              The Final Report recommended that a report be submitted to the
              SAHRC that outlines current and future programmes that are being
              implemented by government departments to address the serious
              challenge.

27
     “Submission by Agri – SA”, written submission, 6th September 2004


                                                                               26
     Progress on recommendations

     Despite numerous attempts to obtain a submission regarding the
     recommendation none could be obtained.

4.11 Poor conditions of employment

     To farm owners and Agri – SA

     The Final Report recommended that all instances of poor conditions
     of employment should be publicly condemned and steps taken to
     rectify the practice.

     Progress on recommendations

     Agri – SA submits that it is working together with the labour
     movement and the DoL to introduce by way of pilot projects a
     system to improve occupational safety measures on farms. While
     some progress has been made, there is still much work to be done.

4.12 Sectoral Determination

     To Department of Labour

     The Final Report recommended that the DoL was to inform the
     SAHRC of steps taken to enforce compliance with the Sectoral
     Determination.

     Progress on recommendations

     The DoL submitted that the following sectoral determinations were
     published. In all instances the Minister of Labour on the advices of
     the Employment Conditions Commission (ECC) approved the
     publication.

           Sectoral Determination no 8: Farm workers, South Africa
            setting out minimum wages and conditions of employment
            for the sector;

           Sectoral Determination no 7: Domestic workers, South Africa
            setting out minimum wages and conditions of employment
            for the sector;

           Sectoral Determination no 9: Wholesale and Retail Workers,
            South Africa reviewing minimum wages and conditions of
            employment for the sector; and



                                                                      27
      Child Labour: a draft policy document called the CLAP was
       finalised in September 2003.

The following progress in implementing key programmes, sub-
programmes and projects has taken place:

      Farm workers

       Although the Sectoral Determination was published in
       December 2002, minimum wages became applicable on 1st
       March 2003 to allow the Sector to prepare for the
       implementation thereof. The Sectoral Determination was
       implemented nationally via the Departmental Provincial
       Offices and Labour Centres. The Department subsequently
       embarked on a comprehensive communication campaign to
       educate workers and employers on their rights and
       obligations.

       A Ministerial Task Team was formed with representatives
       from Organised Business and Organised Business and
       Organised Labour to deal with the various constituencies’
       concerns regarding the implementation practicalities as well
       as broader issues such as education and training, access to
       farms and the transformation of the sector.

       981 applications for Ministerial determination were received
       from the Agricultural Sector regarding minimum wages and
       other conditions of employment. Considering the complex
       and diverse nature of the sector, research was
       commissioned to assist with the development of criteria to
       guide the assessment process.

      Domestic Workers

       The main focus during the recording period was on
       implementing and raising awareness on the existence and
       content of the Sectoral Determination.

       A communication campaign was initiated in November 2003
       to raise awareness on the wage increases that was due on
       the 1st November 2003.

      Wholesale and Retail

       Employers within the Wholesale and Retail Sector were
       given a lead period of 8 weeks to implement the reviewed
       minimum wages.



                                                                28
                     A communication campaign was initiated to announce and
                     raise awareness on the wage increase that was due on the
                     1st February 2004.

                    Child Labour

                     As discussed above, since 1995, the DoL has been tasked
                     with the responsibility to coordinate an inter-departmental
                     programme to address the incidence of child labour within
                     the country. CLAP was finalised in September 2003 and key
                     government departments such as Social Development,
                     Education, Office on the Rights of the Child, Local
                     Government have identified key focus areas in their
                     operational spheres that they will address by implementing
                     specific projects and programmes to address child labour.

                     The roll out implementation of CLAP will commence once
                     the institutional framework has been finalised. Discussions
                     and negotiations are currently taking place within Child
                     Labour Action Programme Implementation Committee
                     (CLAPIC) about the institutional framework that should be in
                     place before CLAP is rolled out. The roles and
                     responsibilities of the various role players are also being
                     discussed.28

            To Agri – SA

            The Final Report recommended that Agri – SA support the Sectoral
            Determination.

            Progress on recommendations

            Agri – SA submits that it is committed to pro-active strategies to
            ensure compliance with particular reference to inter alia the
            provision of a very concise summary of the BCEA and the Sectoral
            Determination No 8: Farm Worker.29

            To Civil Society

            The Final Report recommended that civil society be encouraged to
            educate farm dwellers about the provisions of the Sectoral
            Determination.

5. Safety and Security

28
   “Report on the 6th Economic and Social Rights Protocol”, written submission from the
Department of Labour, 1st October 2004
29
   “Submission by Agri – SA”, written submission, 6th September 2004


                                                                                          29
5.1   General

      To all role-players

      The Final Report recommended that all role-players should
      consistently condemn all acts of violence perpetrated against
      members of farming communities.

      Progress on recommendations

      The SAHRC states confidently that in the majority of interactions it
      has had with all the relevant role-players that such condemnation
      has been resounding.

5.2   Experiences

      To the South African Police Services

      The Final Report recommended that:

             The challenges faced and the perceptions held by farm
              dwellers that lead to under-reporting of crime needed to be
              addressed. In this regard, the Rural Protection Programme
              (RPP) was welcomed. It was recommended that further
              initiatives of this nature continue and that the SAHRC be
              kept informed of the developments and progress; and

             The SAPS were recommended to hold a summit under the
              auspices of the Farming Community Forum in which all
              relevant role-players participate in order to address the
              current lack of representivity in terms of the RPP
              participants, forge a representative reflection of all rural
              protection issues that need addressing and take measures
              to address the experiences and perceptions of the SAPS in
              rural areas.

      Progress on recommendations

      The lack of the creation of the Farming Community Forum has
      made the implementation of this recommendation problematic.
      However the importance of a truly reflective RPP should not be
      undermined and other attempts ensuring a representative RPP
      should be made.

5.3   Perceptions

      To the South African Police Services


                                                                       30
               The Final Report recommended that proactive and practical
               strategies were necessary through which the SAPS could create
               greater accountability amongst its members to handle complaints
               and cases of farm dwellers.

               The Final Report recommended further that the SAPS could engage
               with civil society to determine the root causes within communities
               of these perceptions and work with communities to address the
               perceptions.

               Progress on recommendations

               The Priority Committee on Rural Safety of the SAPS acknowledges
               the existence of the abovementioned perceptions. The Priority
               Committee on Rural Safety’s previous Communication Plan dealt
               with changing the perceptions of the farming community. Currently,
               they are in the planning phase for the next Communication Plan.

               The Final Report, the Report from the Committee of Inquiry into
               Farm Attacks as well as the Evaluation Report of the Priority
               Committee’s previous Communication Plan, will be utilised to
               compile the new Rural Safety Communication Plan. A workshop will
               also be held involving all communication role players of all the
               relevant departments in order to address all communication issues.

               The Rural Victim Survey will also address the issue of perceptions
               i.e. “assess users’ perception of the services provided by the
               components of the integrated criminal justice systems, particularly
               the SAPS in order to facilitate the improvement of service
               delivery.”30

               To civil society

               The Final Report recommended that civil society should support the
               SAPS in uncovering the basis of the perceptions and assist with the
               developing strategies that will deal with these realities.

       5.4     Vicious dogs

               To the South African Law Commission

               The Final Report recommended that the South African Law
               Commission (SALC) undertake research into the criminal and civil
               aspects of the legal liability of owning a vicious dog with a view to


30
     “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                             31
              determining the inadequacies of the law and proposing legislation
              to deal with the issue.

              Progress on recommendations

              Despite numerous attempts to obtain a submission regarding the
              recommendation none could be obtained. The SAHRC however may
              be able to deal with the issue practically with the assistance of the
              law clinics, which are currently in the process of opening in selected
              provincial offices of the SAHRC.

              To the Legal Aid Board

              The Final Report recommended that the LAB devise a strategy to
              provide access to legal representation for victims of vicious dog
              attacks to enforce their civil claims for damages.

              Progress on recommendations

              The LAB submitted in the meeting arranged at the SAHRC’s
              instance that all possible attempts would be made to assist
              complainants within its limited budget.31

      5.5     Women and crime

              To the South African Police Service

              The Final Report recommended that the SAPS compare the
              prevalence of crimes perpetrated against women in farming
              communities. Should the trend of under-reporting be confirmed, the
              SAPS was urged to take special steps through its Rural Safety
              Programme to address this crime form.

              Progress on recommendations

              The SAPS submits that it is impossible for it to “… compare the
              prevalence of crimes perpetrated against women in farming
              communities as opposed to crimes perpetrated against women in
              other communities” for the reason that the crime information
              systems do not always provide clear information on the type of
              premises or nature of the locality involved when crimes are
              committed. Furthermore, a number of especially rural stations are
              not linked to the Crime Administration System (CAS) and still
              register crime manually. It would therefore be impossible to say
              whether crimes had occurred on farms or smallholdings or in towns


31
     “Submission by the Legal Aid Board”, oral submission, 18th November 2004


                                                                                 32
               or other types of settlements without perusing each individual
               docket.

               The SAPS deals with reported crime and has no readily available
               means of measuring the under-reporting of crime. The latter can
               only be established by means of victim surveys. Even the envisaged
               victim survey to be conducted by the Division on Crime Prevention
               among victims in rural areas may not provide clear-cut answers to
               the questions raised, if similar surveys are not also conducted in
               urban areas and among other different types of communities.

               In addition, it should be kept in mind that even if accurate figures
               for the incidence of crime in different types of communities could
               be procured, no valid comparisons would be possible without also
               having accurate statistics pertaining to the population of each
               separate type of community available.

               The data base on acts of violence against members of the farming
               and smallholding community deals with crimes of a specific nature
               and for example excludes crimes related to domestic violence,
               which are specifically relevant to a broader investigation into crimes
               perpetrated against women. This means that the abovementioned
               database can also not be employed as a basis for comparison of the
               sort the SAHRC desires.

               Finally, attention needs to be focused on the fact that the
               flashpoints of contact crime, including crimes against women, are
               predominantly situated in the more urban areas of the country. The
               vast majority of all crimes are reported in these areas, which
               consequently form the focus of efforts to reduce the overall levels
               of specifically contact crime in South Africa.32

               To the Commission on Gender Equality and relevant role players

               The Final Report recommended that firstly, further strategies and
               roles should be considered within the constitutional mandate of the
               CGE to address crimes perpetrated against women in farming
               communities. Secondly, research should be undertaken to
               determine whether the trends that were observed in the Northern
               Cape exist throughout the country and the underlying reasons for
               this.

               Progress on recommendations

               The CGE submits that it has monitored the implementation of laws
               that address gender based violence and how the relevant

32
     “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                             33
            government departments are addressing these in the past few
            years. In total twenty courts, at least two in each province were
            visited for the purpose of monitoring. The twenty SAPS stations
            serving communities in jurisdiction of the courts were also visited.

            Investigation of whether or not the trends that were identified in
            the Northern Cape are widespread still has to be conducted, as the
            CGE has still to streamline programmes to follow-up on other
            research projects that were just concluded in 2004.

            During the monitoring of courts and SAPS, in the Northern Cape
            three jurisdictions were visited and the report on findings is
            contained in the report on the National Conference on Gender
            Based Violence that was held in Kimberly in November 2003 hosted
            by the CGE.

            The CGE is unable to provide the statistics on reported sexual
            assaults and prosecution processes against perpetrators specifically
            of women farm labourers who are survivors or victims. However
            this information may be obtained from the National Prosecuting
            Authority.33

     5.6    The court system, magistrates and DPP

            To actors within the criminal justice system

            The Final Report recommended that the perceptions held by farm
            dwellers needed to be addressed through education and systems
            that ensure that the victim is adequately informed on the progress
            of the case. Instances of cases being dismissed due to a lack of
            evidence which indicates that the SAPS have failed to investigate
            that matter properly must be pursued between the Office of the
            Director of Public Prosecutions (DPP) and the SAPS at a senior level
            and corrective steps taken.

            Progress on recommendations

            The SAPS submits that the matter has been brought to the
            attention of the Justice, Crime Prevention and Security Services
            (JCPS) Cluster34 and the Department of Justice and Constitutional
            Development (DoJ&CD) submits that the recommendation has been
            brought to the attention of the Acting National Director of Public
            Prosecutions and a response is awaited in this regard.35

33
   “Submission by the Commission on Gender Equality”, written submission, 24th August 2004
34
   “Submission by the South African Police Services”, written submission, 16th September 2004
35
   “Submission by the Department of Justice and Constitutional Development”, written
submission, 6th December 2004


                                                                                          34
       5.7     Community policing forums

               To the South African Police Services

               The Final Report recommended that issues around access and
               participation in community policing forums needed to be addressed.

               Progress on recommendations

               The SAPS submits that it is compelled by law to establish
               Community Policing Forums (CPF) at police stations in every
               province. According to the principles of the South African Police
               Service Act 68 of 1995, the Chairperson of the CPF is chosen from
               the ranks of the local community and is open to all the different
               sectors of the community.

               Communities now have a responsibility to participate in or be
               represented at this Forum as the purpose of the CPF is to liase with
               the community with a view to:

               1. Establish and maintain a partnership between the community
                  and the police;

               2. To promote cooperation between the police and the community
                  in fulfilling the needs of the community regarding policing;

               3. Improve the rendering of police services to the community;

               4. Improve the transparency in the police and accountability of the
                  SAPS to the community; and

               5. Promote joint problem identification and problem solving by the
                  police and the community.

               The implementation thereof will also be incorporated in the Priority
               Committee’s new communication plan as discussed above.36

               To civil society

               The Final Report recommends that role-players should encourage
               and assist in facilitating the involvement of farm dwellers in
               community policing forums.

       5.8     Private security


36
     “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                             35
            To the Private Security Industry Regulatory Authority

            The Final Report recommended that the Private Security Industry
            Regulatory Authority (PSIRA) should look into the issues raised by
            the Findings regarding private security in farming communities. In
            particular, PSIRA should seek to address issues relating to the
            arrest and detention of persons and ensure that this is done within
            the confines of the Constitution. Further, it should address the
            issues of whether the civil rights of victims of private security
            violations are afforded adequate protection by the industry to
            enforce their civil rights.

            Progress on recommendations

            The PSIRA submits that it is a statutory body whose powers and
            jurisdictional functions are determined by the Private Security
            Industry Regulation Act 56 of 2001 and is enjoined by the said Act
            to take steps to protect and assist security officers and other
            employees against acts or practices of exploitation or abuse.

            The PSIRA is further empowered to conduct or causes to be
            conducted investigations, hearings or enquiries against the security
            service providers who are accused or suspected of transgressing
            the Act, Regulations and the Code of Conduct made under the Act.

            Accordingly, the role of PSIRA with regard to the violations which
            are contained in the Final Report would be to investigate the matter
            and if any evidence of exploitation or abuse of security officers and
            other employees by security service providers is found, improper
            conduct enquiries will be instituted.

            The said Act however makes no provision for compensation of the
            victims of exploitation or abuses. It is the view of PSIRA that the
            DoL has such recourse.37

     5.9    Commandos

            To the South African National Defence Force

            The Final Report recommended that:

                   The Inquiry endorses the decision announced by the State
                    President to withdraw commandos from the rural areas;




 “Submission by the Private Security Regulatory Authority”, written submission, 22 nd
37

November 2004


                                                                                        36
                     Whilst endorsing this decision, the Inquiry noted that the
                      Minister of Defence publicly stated that this withdrawal shall
                      be gradual, that the SAPS would first be capacitated to deal
                      with the policing challenges of the rural areas and that in
                      this process there will consultations with all relevant parties;
                      and

                     The South African National Defence Force (SANDF) was
                      urged to continue in its approach of investigating all
                      complaints laid against commandos.

              Progress on recommendations

              The SAPS remarked that with regard to this recommendation
              steady progress was being made but that due to certain
              administrative difficulties, mainly relating to finding SAPS staff to fill
              the outstanding positions left by the outgoing commandos, the
              process still had some time to go before the commandos would be
              completely withdrawn.38

      5.10 Reservists

              To the South African Police Service

              The Final Report recommended that the current composition within
              farming communities is not representative of the South African
              population. Moreover the SAPS have failed to take the necessary
              steps within the rural areas to ensure that reservists are adequately
              representative of the communities that they serve.

              Progress on recommendations

              The SAPS submit that the establishment of sector policing is a
              national priority and is implemented at all SAPS Police Stations.

              Although 5 684 new reservists have been recruited from January to
              August 2004, the recruitment of reservists is an ongoing process.
              Furthermore, as a result of the announcement by the State
              President on the 14th February 2003 that the commando system
              must be phased out, the SAPS is obliged to put a “new system” in
              place to secure al rural communities.

              The new system will focus on the following:

              1. Implementation of Sector Policing in rural areas;


38
     “Submission by the South African Police Services”, oral submission, 19th November 2004


                                                                                              37
               2. The application of Crime Combating Units;

               3. Increased personnel levels; and

               4. Utilisation of police reservists.

               The role of traditional leaders should play in rural safety will also be
               addressed by the new approach by means of active participation in
               local Community Policing Forums, Sector Policing or as reservists.39

       5.11 Farm attacks

               To all State and civil role-players

               The Final Report recommended that:

                      Role-players be urged to agree on the underlying causes of
                       farm attacks in order that the strategies devised address
                       these causes;

                      The RPP should be revisited and the term “farm attacks”
                       removed from it; and

                      The RPP should address all forms of crime in farming
                       communities. There should be no hierarchy of crimes in
                       terms of who the victim is. Perceptions in this regard must
                       be addressed.

               Progress on recommendations

               The SAPS submits that the Committee of Inquiry into Farm Attacks
               were instructed by the late Minister for Safety and Security, Steve
               Tshwete, and the National Police Commissioner, Jackie Selebi, to
               “… inquire into the ongoing spate of attacks on farms, which
               include violent criminal acts such as murder, robbery, rape, etc
               (and) to determine the motives and factors behind these attacks
               and to make recommendations on their findings.”

               The Committee inter alia used the National Operational
               Coordinating Committee’s (NOCOC) database of more than 3 500
               cases for the period 1998 to 2001. 45 cases from the said database
               were randomly selected and studied in detail. Various presentations
               were also made to the Committee.

               With regard to the motives for farm attacks “the Committee
               thoroughly investigated the motives for farm attacks, especially

39
     “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                             38
               whether there was an underlying political or racial motive”. The
               Committee found that:

               1. The greater majority of cases are motivated by a desire to rob
                  or steal (89.3%);

               2. Very few cases have political undertones (2.0%);

               3. Farm attacks are generally not carried out with “military
                  precision”; and

               4. There is no indication of an organisation behind farm attacks in
                  a narrow sense of the word, with the exception of certain
                  incidents connected with land invasions.

               The definition for “farm attacks” which was adopted in 1997 has
               increasingly been criticised over the last number of years. The
               Priority Committee on Rural Safety was requested by interest
               groups, both internal and external, to consider and to adapt or
               amend the definition. The Priority Committee subsequently
               consulted all role-players and redefined “farm attacks” as “acts of
               violence against farms and smallholdings …”.

               The Committee of Inquiry into Farm Attacks referred to types of
               statements such as for example “… that rapes are common during
               farm attacks, that all victims of farm attacks are white, or that little
               or no attention is given to black victims of farm attacks etc” as
               common misconceptions.

               The SAPS does not agree with allegations that are not supported by
               factual evidence. All complaints are investigated equally. Where
               there is evidence of negligence on the side of the police, the
               complainants can direct their grievances to the Independent
               Complaints Commission (ICD).

               These perceptions will be addressed by means of the Priority
               Committee’s new Communication Plan.40

       5.12 Perceptions

               To all role-players

               The Final Report recommended that:

                      Violent crime in farming communities must be addressed in
                       an inclusive and holistic manner;

40
     “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                             39
                      Farm dwellers and their representatives need to be included
                       at all levels to combat this crime; and

                      The current structures addressing crime needs to extend the
                       focus to include all forms of crime and ensure that there is
                       equity in the resources allocated to the various crime forms.

               To the South African Police Service and the Department of Justice
               and Constitutional Development

               The Final Report recommended that successful litigants should have
               all their legal costs paid by the state.

               Progress on recommendations

               The SAPS submitted that it had no jurisdiction in this regard and
               could only forward the proposal to the DoJ&CD.41

               To Agri – SA

               The Final Report recommended that while the SAPS may be urged
               to combat crime on farms, there is no basis to hold the perception
               that the SAPS is not doing enough, for reasons unknown.

       5.13 Rural Protection Plan

               To the South African Police Services and Agri – SA

               The Final Report recommended that further efforts are necessary to
               address the challenges of creating representivity in the RPP and the
               structures that are created.

               Progress on recommendations

               The SAPS submits that the RPP, which came into operation late in
               1997 at the request of former State President, Nelson Mandela, due
               to the increase in attacks and murders of people on farms and
               smallholdings, has the objective to protect the farming communities
               including those living in smallholdings.

               The RPP is based on the “… involvement of all possible role-players
               concerned with rural safety and is structured to coordinate all these
               role-players in terms of joint planning, operational activities,
               preventative measures, monitoring and training.”


41
     “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                             40
            The RPP is being addressed or marketed on a continuous basis by
            the SAPS by means of:

            1. Visits to provinces or areas or police precincts;

            2. Priority Committee Meetings; and

            3. The drafting, compilation and distribution of booklets, pamphlets
               and posters in as many as possible of the official languages
               (which includes communication initiatives for people who cannot
               read or write).42

            Agri – SA submits that it is a member of the National Priority
            Committee and during a strategic session of the Priority Committee
            held in May 2004 the recommendations of the SAHRC were
            discussed. One of the issues discussed at that session was the
            broadening of representation in the Committee to accommodate all
            role-players in rural safety. Agri – SA is of the opinion that this
            recommendation should be dealt with by the SAPS.43

     5.14 Land invasions

            To all role-players

            The Final Report recommended that land invasions must be publicly
            and consistently condemned as human rights violations when they
            occur.

     5.15 Stock theft

            To the South African Police Service

            The Final Report recommended that steps to control this crime and
            prosecute those responsible are encouraged.

            Progress on recommendations

            The SAPS submits that the establishment of sector policing is a
            national priority and is implemented at all SAPS Police Stations.44


6. Economic and Social Rights

     6.1    General

42
   “Submission by the South African Police Services”, written submission, 16th September 2004
43
   “Submission by Agri – SA”, written submission, 6th September 2004
44
   “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                           41
      To government

      The Final Report recommended that:

            At local level the implementation of economic and social
             rights must continue to be prioritised;

            Information and education programmes are needed for
             farming communities that are backed up with plans to
             ensure that the communities are accessed, and obstacles to
             realising rights are removed;

            Government needs to remove barriers that prevent people
             from accessing their socio-economic rights;

            Government should create more programmes and methods
             of engaging people in farming communities to assist them in
             realising their economic and social rights; and

            Farm dwellers are a vulnerable group and government must
             adopt special measures to assist them to gain access to their
             economic and social rights.

      Progress on recommendations

      Part of the GCIS’ MPCC Programme is to increase information and
      awareness within communities visiting these centres on topics such
      as the realisation of their economic and social rights.

      To civil society

      The Final Report recommended that:

            Civil society should assist in the promotion of rights through
             educating farming communities about their social and
             economic rights and how to access these rights;

            Where possible, civil society should assist in removing
             barriers for people in order that they may access these
             rights.

6.2   Housing

      To the Department of Housing and the Department of Land Affairs

      The Final Report recommended that:



                                                                        42
                     An initiative was needed at national level to address the
                      provision of housing in farming communities. The
                      Departments should come together and create a policy
                      document on the provisions of housing, which clearly states
                      where responsibilities lie. This needs to be taken down the
                      provincial and local level for implementation. The policy and
                      implementation plan must be submitted to the SAHRC;

                     The provision of housing subsidies to farm dwellers who do
                      not own the land upon which they live must be addressed
                      and a legal solution found;

                     Special measures to promote home ownership by women in
                      farming communities should be developed and promoted;
                      and

                     Legislative drafters of the Status of Older Persons Bill should
                      consider the provision of housing to the elderly in farming
                      communities.

              Progress on recommendations

              The DoH submits that it has outsourced the task of developing a
              National Farm Worker Policy with implementation systems. The
              successful tender has been appointed and a meeting will be
              arranged with them for early September 2004. Many of the issues
              raised above have been taken into consideration in the drafting of
              the terms of reference and will be discussed at the level of the
              project steering committee, which comprises of officials within the
              department. The project steering committee could also include a
              representative from the DLA.45

              The DLA submits that it is engaged in discussions with the DoH
              regarding their rural housing policy. Recently, the DoH has set up a
              project steering committee in this regard and we have been
              requested to participate in the committee. In the context of these
              discussions, the question of agri-villages will be explored taking into
              account the SAHRC’s recommendations.46

              To provincial governments and local authorities

              The Final Report recommended that:




45
     “Submission by the Department of Housing”, written submission, 18th August 2004
46
     “Submission by the Department of Land Affairs”, written submission, 19 th November 2004


                                                                                           43
            The concept of agri-villages should be explored within the
             framework of creating sustainable environments that are
             properly serviced;

            Farm dwellers’ participation in the establishment of agri-
             villages must be ensured; and

            Emergency plans for the provision of temporary shelter to
             evicted farm dwellers should be developed with all relevant
             role-players.

      Progress on recommendations

      The concept as expressed above has not been sufficiently explored
      but may be further canvassed by the relevant role-players.

      To farm owners and Agri – SA

      The Final Report recommended that:

            Both should become involved in initiatives to resolve the
             provision of housing and accessing of subsidies for farm
             dweller accommodation on farms;

            Agri – SA should encourage farm owners to provide
             habitable accommodation that promotes dignity and well
             being of farm dwellers.

      Progress on recommendations

      Agri – SA to the extent that it is authorised to do educates its
      members on numerous topics including the aforesaid.

6.3   Health

      To the Department of Health

      The Final Report recommended that:

            The Department of Health (DoHealth) be called upon to
             continue addressing the formidable challenges experienced
             by farming communities in accessing health care services
             and to report regularly in this regard to the SAHRC;

            Content-relevant and accessible information campaigns on
             HIV/AIDS prevention targeted at farming communities was
             urgently recommended;



                                                                     44
      The issue of home-based care in farming communities
       demands attention;

      The effective delivery of medical services in respect of
       reproductive health care needs of women in farming
       communities is in need of special attention; and

      The Department of Education (DoE) and Health should come
       together to explore the sharing of buildings for the provision
       of health services in farming communities.

Progress on recommendations

The DoHealth submits that with regard to the access to HIV
prevention information for farming communities it is faced with
barriers like illiteracy and low self-esteem as well as language and
lack of support from some farmers.

With regard to home and community based care (HCBC) in the
farming communities the DoHealth submits that it is provided
indiscriminately to all communities where the programme exists,
farming communities also do benefit from HCBC services through
the HCBC programmes provided in their districts. Although there
have been no targeted HCBC programmes for farming communities,
some provinces have indicated that there is NGO’s targeting
farming communities. The classic example is in the Western Cape’s
Rawsonville AIDS Advice Office. This NGO provides HIV education
and HCBC services to farming communities. This office is not
located in the farming area but in the nearest town. Volunteers are
transported to farms after working hours to provide the services. In
KwaZulu Natal the Tugela AIDS programme does some HIV
awareness and HCBC in farms. In the Free State there are such
programmes in farms in the Ladybrand and Clockland areas. In
Mpumalanga there are outreach programmes for farms in
Nkangala, Wakkerstroom and Umkhonto. The North West province
has a farm project in Ventersdorp and the relationship with farmers
is good and this should be commended in the light of the history of
the town. In the Limpopo HCBC District coordinators are working
with farmers wives to provide HCBC. Although the Eastern Cape has
no specific project the MEC for Health strongly encourages NGOs to
do work in farms.

With regard to the sharing of buildings the DoE and the DoHealth
have as yet not finalised the question of sharing buildings. The
Cluster District and Development favours that the issue be
discussed in the proposed Rural Health Indaba. The Cluster Districts
and Development supports the motion for the arrangement of a
Rural Health Indaba to discuss the recommendations on the Final


                                                                  45
            Report. It is suggested though that the Indaba be linked with the
            ongoing school HIV and AIDS days with more emphasis on the
            farming communities. The HIV and AIDS Chief Directorate is to
            remain the main custodian of the Rural Health Indaba with support
            of the DoE and other stakeholders such as the ISRDP.47

            To National DoHealth and relevant government role-players in the
            Western and Northern Cape

            The Final Report recommended that urgent steps to address the
            health issues of persons living in farming communities who abuse
            alcohol and drugs should be devised. Moreover the SAHRC is to be
            informed of specific initiatives and programmes to address Foetal
            Alcohol Syndrome (FAS).

            Progress on recommendations

            The Ministry of Agriculture in the Western Cape submits that it
            serves both the general staff composition as well as the farm
            workers.

            With regard to the general staff awareness raising workshops for
            staff and their families at the various experimental farms in the
            province. Organised workshops in conjunction with various NGOs in
            the areas. Developing a wellness strategy for the Department that
            would cover issues, such as drug abuse, alcohol abuse and other
            social and health issues. A structured Employee Assistance
            programme (EAP) has been developed for staff members and their
            immediate family. Other strategies include involving women, youth
            and persons with disabilities in all the Department’s wellness
            strategy programmes.

            With regard to farm workers in the broader Western Cape
            community the Ministry of Agriculture in the Western Cape provides
            information to farm workers on FAS. Raises public awareness
            among farm workers on the problem of FAS with the assistance of
            various NGOs. Provides a forum where workers from different
            areas, NGOs and advice offices can discuss FAS and strategies
            around reducing it. Four seminars are held per year for farmers,
            farm workers and interested public.48

            The Northern Cape Department of Health submits that on the 4th
            May 2004, the MEC for Health in the Northern Cape officially
            opened the first South African Foetal Alcohol Syndrome Safe House


 “Submission by the Department of Health”, written submission, 15th September 2004
47

 “Submission by the Ministry of Agriculture in the Western Cape”, written submission, 4th
48

October 2004


                                                                                            46
           in De Aar (Emthanjeni Municipality) located at the Joan Werthim
           Centre. The Safe House is a joint initiative between the provincial
           government and the foundation for Alcohol Related Research,
           aimed at benefiting the communities in the Karoo District in
           addressing the Foetal Alcohol Syndrome (FAS) in the area. The
           project is instituted to break the cycle of alcohol abuse and uplift
           communities with urgent prevention and intervention strategies.
           Two FAS centres (Safe Houses) are operational in the Northern
           Cape province – the Joan Werthim Centre in De Aar and the
           Upington Centre –, which eventually will be fully functional as the
           De Aar Centre. Work emanating from these centres will be filtered
           through to the other communities, including the farming
           communities.

           The MEC for Health in the Northern Cape stated that the
           Department of Health will avail resources to ensure that the
           communities are educated through information sessions, health
           awareness programmes and workshops on the best practices of
           preventing FAS.

           The Primary Health Care facilities of the Department of Health in
           the Northern Cape have a programme of health promotion with
           mobile clinics, where they visit communities and schools in the
           farming areas, and educate people on preventing FAS. The
           provincial Department of Health is part of the integrated
           programme of addressing FAS in the Northern Cape, together with
           the Department of Education, the Department of Social
           Development and NGOs. Health education and creation of
           awareness of FAS are critical in this integrated programme. The
           intervention strategies need to be strengthened, particularly in the
           farming and other affected areas. However, health promotion and
           education on the prevention of FAS is ongoing throughout the
           Northern Cape.49

           To the South African Police Services

           The Final Report recommended that the proliferation of illegal
           mobile shebeens and illegal dispensing of cheap alcohol within
           farming communities should be prioritised in crime prevention
           strategies.

           Progress on recommendations

           The SAPS submits that laws are in place, which prohibit the
           commissioning of “… illegal shebeens and the consequent illegal

49
  “Submission by the Northern Cape Department of Health”, written submission, 31 st August
2004


                                                                                        47
               dispensing of cheap alcohol …” and is already being addressed by
               Social Crime Prevention at station level. The community can,
               however, play an important role in the prevention and combating of
               this phenomenon by means of active participation in their local
               Community Policing Forum.50

               To civil society

               The Final Report urged that civil society become involved in
               educating members of farming communities about HIV/AIDS and to
               provide counselling and support services. In addition civil society is
               encouraged to become involved in information campaigns,
               counselling and training on the harmful effects of alcohol abuse and
               FAS.

               Progress on recommendations

               By means of the GCIS’ MPCC programme information campaigns,
               training and counselling on the harmful effects of alcohol abuse and
               FAS as well as educating members of farming communities about
               HIV/AIDS will enable civil society to become more involved.

               To farm owners and Agri – SA

               The Final Report recommended that farm owners who assist farm
               dwellers to access health care, particularly in emergency situations,
               are encouraged to continue within their available resources. Farm
               owners are called upon to become involved in and co-operate with
               all initiatives to educate farm dwellers about HIV/AIDS.

               Findings

               Agri – SA submits that the social partners in PAETA agreed at a
               workshop in June 2002 to launch an HIV/AIDS awareness
               programme. Following on the workshop PAETA developed and
               launched pilot programmes initially in Western Cape and North
               West Province, followed by similar projects in Mpumalanga and
               Northern Cape. Further extensions of the programme are taking
               place within constraints of PAETA’s capacity.

               There are also other provincial and local initiatives between farming
               organisations and other organisations for example between Agri
               North West and Standard Bank. The very latest initiatives are
               discussions between the Dutch Embassy, PAETA and Agri – SA to



50
     “Submission by the South African Police Services”, written submission, 16 th September 2004


                                                                                             48
              involve the Dutch          Government       in   an    extended   HIV/AIDS
              programme.51

      6.4     Food

              To the Department of Education

              The Final Report recommended that the implementation of the
              Primary School Nutrition Programme (PSNP) should receive
              attention in rural areas and the SAHRC must be informed of steps
              that will be taken in this regard, the time framework, and the
              results thereof.

              Progress on recommendations

              The DoE submits that in order to begin to respond to the
              sentiments of the report of the SAHRC, it conducted comprehensive
              monitoring of 72 schools situated in rural and farm areas in April
              2004. The purpose was to establish if these peripheral schools were
              feeding and to what levels, whether the feeding complied with
              quality standards and health and hygiene prescriptions, and to
              establish if provincial departments had supplied necessary record
              keeping instruments. An additional focus of the monitoring was to
              establish the status of infrastructure like water, toilets and water
              provision, all of which are usually not well represented in rural
              areas.

              Predominately rural provinces, even in this first year were
              encouraged to opt for menu options that do not require daily
              deliveries like bread, unless such food items could be produced
              locally. The only rural province that uses daily deliveries is the
              Eastern Cape, where there are attempts to operate community
              bakeries. Community bakeries are not without their own problems
              and the arrangements will be reviewed for 2005.

              The Minister of Education has called on her department to
              accelerate implementation of critical programmes, including
              provision of infrastructure in rural schools and stimulating economic
              activity in nodal areas. In response to this directive, the NSNP is
              finalizing a model that will use the conditional grant to produce
              services of locally based women as school cooks, but most
              important, a model that will ensure that local communities supply
              schools with fresh produce that is currently lacking in the menus of
              some schools. This is as a result of scarcity of fresh vegetables in
              rural areas. Local procurement will also ensure full access to
              feeding even for the most remote schools.

51
     “Submission by Agri – SA”, written submission, 6th September 2004


                                                                                      49
              Another extraordinary measure to ensure that schools in rural areas
              do not fall through the food security net in 2005, is reconciliation of
              lists of schools covered in 2004 with actual lists of schools ranked
              as poorest and situated in rural, farm and informal settlements.
              This is to ensure that no public school designated as poor gets left
              out of the feeding list.

              Feeding is happening and provinces continue to monitor, effect
              corrective action and report on financial expenditure as well as on
              quality of service. In order to enhance quality service delivery and
              to broaden monitoring, the DoE has introduced a toll free number
              (0800 202 933).52

              To farm owners and Agri – SA

              The Final Report recommended that:

                     The negative perceptions of exploitation of farm dwellers by
                      farm shop owners should be addressed through promoting
                      transparency in the pricing of goods;

                     Any incidents of financial abuse of farm dwellers by farm
                      shop owners should be condemned; and

                     The provision in the Sectoral Determination for farm workers
                      relating to payment of wages in kind is welcomed. Parties
                      are called upon to immediately abide by and implement
                      these provisions.

              Progress on recommendations

              Despite numerous attempts to obtain a submission regarding the
              recommendation none could be obtained. However the Research
              Department of the SAHRC may be able to enquire with the DoL
              with regard to the aforesaid recommendation.

              To civil society

              The Final Report recommends that information and training
              programmes on budgeting of household income and providing
              nutritious cost-effective meals are encouraged.

              Progress on recommendations


52
     “Submission by the Department of Education”, written submission, 27th August 2004



                                                                                         50
      The GCIS’ MPCC programme, being tasked to do so, shall be able to
      provide information and training programmes on budgeting of
      household income and providing nutritious cost-effective meals.

      To Limpopo provincial government

      The Final Report recommended that the Limpopo Food Security
      Committee, which was not brought to the attention of the Inquiry
      should be stated.

      Progress on recommendations

      Despite numerous attempts to obtain a submission regarding the
      recommendation none could be obtained. However the Provincial
      Office of the SAHRC in the Limpopo may be able to enquire with
      the relevant role-players with regard to the aforesaid
      recommendation.

6.5   Water

      To the Department of Water Affairs and Forestry

      The Final Report recommended that:

            The process of drafting a White Paper with a view to
             legislation that will deal with providing independent access to
             water by farm dwellers is welcomed. The Department of
             Water Affairs and Forestry (DWAF) is encouraged to explore
             various legal options such as the creation of servitudes to
             realise independent access;

            The DWAF is encouraged to engage with Agri – SA and farm
             owners about the provision of water to farm dwellers and for
             the respective parties to reach a common understanding on
             their roles and responsibilities within the constitutional
             framework;

            The DWAF should report in further detail to the SAHRC and
             concerned stakeholders regarding practical steps that can be
             taken by farm dwellers to address the supply of unsanitised
             water; and

            The DWAF and DLA should develop policy and guidelines
             that address the provision of water where water supplies to
             farm dwellers have been cut.

      Progress on recommendations



                                                                         51
      Despite numerous attempts to obtain a submission regarding the
      recommendation none could be obtained. However the Research
      Department of the SAHRC may be able to enquire with the DWAF
      with regard to the aforesaid recommendation.

      To the South African Police Services

      The Final Report recommended that police officers should receive
      training on the provisions of ESTA that make it unlawful to
      terminate the water supply to farm dwellers.

      Progress on recommendations

      As has been stated above the SAPS submits that its members
      receive training on all the provisions of ESTA.

      To Agri – SA and farm owners

      The Final Report recommended that farm owners should be
      reminded of the seriousness of terminating the water supply to
      farm dwellers. Agri – SA, should strongly and publicly condemn
      such acts. In addition farm owners are called upon to recognise the
      indignity and human suffering caused to farm dwellers by the
      various ways in which the right to sufficient water is violated. They
      should take reasonable measures to discourage these violations by
      contributing towards creating a community in which everyone lives
      with dignity and respect.

6.6   Social security

      To the Department of Home Affairs and the Independent Electoral
      Commission

      The Final Report recommended that the 2004 national elections
      should have been used as an opportunity to prioritise an Identity
      Document (ID) campaign drives in farming communities. In
      addition a comprehensive plan in providing ID to rural communities
      was to be submitted to the SAHRC.

      Progress on recommendations

      Despite numerous attempts to obtain a submission regarding the
      recommendation none could be obtained.

      To the Department of Home Affairs




                                                                        52
The Final Report recommended that the DOHA must take further
steps to ensure that all births are registered in order that those
children eligible for Child Support Grants can access these grants.

Progress on recommendations

Despite numerous attempts to obtain a submission regarding the
recommendation none could be obtained.

To the Department of Social Development

The Final Report recommended that:

      A social grant awareness programme should be run in
       farming communities. All relevant role-players should be
       encouraged to be involved in this drive including Agri – SA,
       local councillors, municipalities, NGOs and trade unions;

      The Department of Social Development (DSD) must address
       the non-implementation of their policies at local level in
       farming communities; and

      The issue of provision of social assistance to migrant workers
       living in South Africa should be resolved, preferably without
       resorting to lengthy and expensive litigation.

Progress on recommendations

The DSD submits that it needs to be emphasised that national
policies provide guidelines for provinces to develop their own
provincial policies, which will direct service delivery according to
national priorities and mandates. The DSD has developed policies
intended to strengthen community livelihoods in fighting poverty
through a comprehensive social protection programme in
partnership with non-profit, for profit and regional partners.

The expansion of the social security safety net has ensured that
grant beneficiaries increased to 7,7 million in March 2004. This
figure includes the beneficiaries of the Child Support Grant. The
Social Assistance and South African Social Security Bills have been
introduced to Parliament. These bills have created a legislative
framework for the establishment of a National Social Security
Agency. The South African Social Security Agency has been
established and will operate from April 2005.

The DSD is concentrating on the development of strategies and
policy programmes to facilitate capacity building, social
mobilisation, providing infrastructure and integration and co-


                                                                  53
           ordination of activities to strengthen the service delivery in
           provinces and local Governments.

           Three pieces of legislation have been taken through the legislation
           process of Parliament, i.e. the Children’s Bill, Child Justice Bill and
           the Bill on Older Persons. The public hearings and finalisation of the
           Children’s Bill is planned for the 2004/2005 financial year. The Bill
           focuses on the rights of children as enshrined in the Constitution.
           The Child Justice Bill, addressing matters related to the protection
           of children in conflict with the law, is being attended to. The Older
           Person’s Bill aimed at protecting the rights of older persons and
           criminalizing the abuse of older persons is currently awaiting public
           hearings and parliamentary debate and promulgation.

           The DSD has committed to, through the relevant provincial and
           community structures, facilitating more visible and co-operative
           linkages to the recipients of social welfare services within the
           farming community.53

           To civil society

           The Final Report recommended that all organisations and persons,
           where possible, should as part of their civic duty assist fellow South
           Africans to obtain birth certificates, ID books and access social
           grants.

     6.7   Education

           To the Department of Education

           The Final Report recommended that:

                  Provincial governments are encouraged to share information
                   on models of providing education that are successful;

                  Under-qualified teachers should be encouraged to receive
                   the necessary training;

                  Section 14 agreements should be concluded with all farm
                   owners where farm schools are situated;

                  School principals must be compelled to inform learners and
                   the School Governing Body (SGB) of the constitutional
                   obligation to provide mother tongue education;


53
  “Submission by the Department of Social Development”, written submission, 3 rd December
2004


                                                                                       54
      The DoE must report back to the SAHRC on steps taken to
       address the undertakings given that the Department will
       address the needs of children with special needs who are
       attending farm schools;

      The DoE must report to the SAHRC on steps that are being
       taken to develop content-relevant ABET programmes and the
       roll-out of such programmes in farming communities; and

      An evaluation and report should be provided on the DoE
       plans on schools feeding schemes at farm schools.

Progress on recommendations

With regard to sharing information “on models of providing
education that are successful”, the DoE submits that it meets with
provincial departments of education on a regular basis through
Heads of Education Departments Committee (HEDCOM) and
Council of Education Ministers (CEM), and their relevant sub-
committees. In these meetings, not only is information shared but
joint policies and programmes are developed.

On the issue of training unqualified and under-qualified teachers,
the DoE has developed two key qualifications, which have been
offered to teachers. Firstly, the National Professional Diploma in
Education has been introduced to upgrade teachers who fall below
the minimum requirement of REQV 13. Bursaries were provided for
thousands of teachers who found they not meeting the minimum
requirements. A large number of these teachers were teachers in
rural areas, including farm schools. Secondly, an Advanced
Certificate in Education was introduced for teachers who might be
qualified professionally, but lack sufficient content knowledge to
teach specific subjects. These qualifications have seen a significant
decline in the number of unqualified and under-qualified teachers.

With regard to Section 14 agreements the DoE submits that as at
the end of 2003, there were 4 188 farm schools in total, and of
these 1 835 (44%) have signed. To date, provinces have reported
only two instances of an outright refusal to sign, and many of the
others are currently under negotiations with farmers. The total
number may also have been reduced during the course of this year
due to the consolidation of smaller schools (in the North West, Free
State and Gauteng especially).

Progress in terms of making South African farm schools a better
place to be for learners has been made as a result of the
agreements already signed, and those that are still in the process of



                                                                  55
being signed by the MECs and the farm owners. The agreements
will eliminate blockages around infrastructure and services.

Despite the progress made in this regard, the following problems
have been identified which are delaying the process:

      Politically motivated situations, which causes resistance to
       the signing of agreements by some of the farm owners;
      Farmers are reluctant to sign agreements due to the
       possibility of the closure of some of the schools;
      Two farmers fighting over a property, or two farmers
       owning one farm. In this case a school is divided into two
       and one owns one portion and the other farmer owns the
       other portion; and
      Difficulty in obtaining information about a deceased farm
       owner from the Deeds Office.

With regard to home language education the DoE submits that it is
in the process of addressing the provision of home language
education, in line with section 29 of the Constitution as follows:

      The DoE in partnership with Education Labour Relations
       Council (ELRC) developed a policy document entitled Policy
       Handbook for Educators, which includes the Language in
       Education Policy. The handbook was distributed to all
       educators with a focus on school principals;
      Over the past three years, the DoE has been conducting
       advocacy campaigns to make communities, learners and
       public schools aware of their rights and responsibilities. The
       campaign was carried through flyers, posters and radio;
      A toll-free line has been established in the Department to
       address all matters relating to governance policies and issues
       such as language education. The toll-free line allows the
       entire community the opportunity to communicate with the
       Department;
      In 2003 the Ministerial Review Committee on School
       Governance was established to investigate the functioning of
       SGB. The report of this committee identified some policy
       gaps, including the provision of home language in public
       school. Among other recommendations, the report proposes
       that capacity building of governing bodies be strengthened;
      Support on language policy issues was given to provincial
       Education Management and Governance Development co-
       ordinators in meetings and workshops, strengthening their
       capacity to guide and support the schools in the
       implementation of home language education; and




                                                                  56
      Further, the HEDCOM is currently reviewing the Language in
       Education, with the aim of strengthening its implementation
       in all schools, including farm schools.

With regard to children with special needs attending farm schools
the DoE submits that it should be recognised that farm schools are
often small schools, in some instances being single-teacher schools.
In their nature therefore, these schools require special models for
dealing with learners with special educational needs, including
children with disabilities.

The DoE has been working hard to address the special needs of all
children facing an assortment of barriers to learning, including
children in farm schools. At its meeting of 2nd August 2004, the
CEM approved the implementation of the short-term steps
contained in White Paper 6 on Special Needs Education. These
steps include the conversion of 30 primary schools into full-service
schools, where children with mild disabilities could be
accommodated. The steps also involve the training of 30 district
teams to support schools with dealing with children with special
educational needs. The third arm of the short-term steps is the
strengthening of special schools, especially for children with severe
disabilities.

At the same meeting, the Council of Education Ministers noted the
inadequate funding of special needs education in our schools and
committed the provincial departments of education to gradually
increasing the budget for this crucial area over the next few years.

In the meantime, the Department has adapted the new revised
curriculum and modified assessment methods to accommodate
learners with special needs. As part of the implementation of the
Revised National Curriculum Statement, the DoE has also included
training for provincial officials on how to deal with diversity in our
schools, including dealing with learning with special needs.

Through the HEDCOM sub committee on Inclusive Education, the
DoE has set in motion a process of extending the services of all
provincial units for Inclusive Education to farm schools. Provincial
units for Inclusive Education have been tasked to investigate the
support needs of children in farm schools, especially in outlying
rural communities, with a view to providing district based support
for these learners, their educators and parents.

Information gained through this process will guide the further
development of support programmes for learners experiencing
barriers to learning in general, and learners in farm schools in
particular.


                                                                   57
              With regard to ABET Programmes in farming communities the DoE
              submits that it is taking an approach that will ensure that all ABET
              programmes are reviewed in terms of their relevance to various
              settings in which adult learners find themselves. The programmes
              that are being offered in Public Adult Learning Centres include
              Small, Medium and Micro Enterprises; Applied Agriculture and
              agricultural Sciences; Travel and Tourism as well as Ancillary Health
              Care. These programmes are an attempt to roll out ABET
              programmes that are relevant to the needs of the economy.

              Most ABET centres offer skills courses that are registered with a
              relevant Sector Education and Training Authority (SETA). The DoE
              has entered into partnerships with PAETA, CETA, THETA and
              ESETA. The aim of this partnership is to train all ABET learners in
              nodal areas, including farming communities in rural areas, in
              primary agriculture skills through short-course accredited
              programmes, construction related activities, tourism and hospitality,
              basic electrical work. ABET centres located in both rural and
              farming communities (nodal areas) are currently offering primary
              agricultural skills training courses.

              Furthermore, plans are being developed to extend these skills
              programme by expanding ABET and aligning with Expanded Public
              Works Programme training objectives. This will include designing
              specific programme infusing academic and skills programmes.

              In addition, the Ikhwelo project has piloted two electives, namely
              Applied Agriculture and Agricultural Sciences and Small, Medium
              and Micro Enterprises in the identified nodal areas. Critical to the
              Ikhwelo project, was the specialised training of educators and
              provision of equipment to enable practical skills to be implemented
              in public centres. It is through such provision that some centres in
              the nodal areas are producing products such as polish, beads for
              the market and participate in livestock farming.

              The DoE’s position is that adult learners need to be exposed to
              more than job-specific training in order to ensure that they are
              provided with a basis for further learning.54

              To Agri SA and farm owners

              The Final Report recommended that co-operation with the DoE
              should be encouraged with the conclusion of Section 14
              agreements.


54
     “Submission by the Department of Education”, written submission, 27th August 2004


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