Cape sheep farmers battle to hold onto state-allocated farmland due to incompetence at national department
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Three sheep farmers in South Africa, Johannes Bezuidenhout, Herold Bezuidenhout, and Jan Bergh, are battling to secure a 30-year lease for land that was granted to them as part of a state redistribution policy.
Their farm, operated under the Nuveld Farming Empowerment Enterprise, has been seen as a model of what previously disadvantaged community members can achieve if given opportunities. They are now fighting the Department of Land Reform and Rural Development in court to ensure their lease, which has not been delivered, despite a court case being filed in February.
The farmers have sought support from the Legal Resources Centre (LRC), and the Helen Suzman Foundation (HSF) joined them as amicus curiae. The HSF is concerned that the farmers have fallen victim to a lack of clear policy and decades-long confusion and incompetence within the Department of Agriculture, Land Reform, and Rural Development regarding land redistribution.
The trio’s legal action aims to bring systemic relief and change the way land redistribution programs are undertaken in South Africa. They have applied for the 30-year lease to create a legal framework for land redistribution programs, ensuring clear criteria and a transparent process for applicants.
The farmers were allocated state-owned farmland in 2009 as part of the state’s redistribution program, but their application for the lease has not been granted.
Their successful sheep farming operations have achieved the highest average wool prices in their region at national wool auctions, but their long-term security on the land is now in jeopardy.
The case illustrates the shortcomings of the national department, and the difficulties in relying on them for basic administrative tasks, which has created concerns surrounding the pending Expropriation Bill, which only grants people the right to appeal expropriation of property without compensation after it has been expropriated.
Department spokesperson Reggie Ngcobo has stated that the department has filed court papers in response to the case but declined to provide further comments on the matter. The court case seeks to secure land rights for the three farmers and create a more systematic approach to land redistribution programs.
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