South African court backs white farmer against squatter city

SOUTH AFRICA: Braam Duvenage was not the only one "overjoyed" to hear South Africa's recent constitutional court ruling that…

SOUTH AFRICA: Braam Duvenage was not the only one "overjoyed" to hear South Africa's recent constitutional court ruling that the state had erred when it failed to help him evict thousands of squatters who invaded his land five years ago.

According to his lawyer, Fanie Rossouw, the legal and farming communities had been keenly watching the ongoing battle between Mr Duvenage and the government because of the implications the result held for property rights and the process of land reform taking place in South Africa.

"The legal fraternity has been watching this case with hawk eyes because it is of paramount importance to the rule of law in our country, and to ensure the land invasions you find in Zimbabwe will not be allowed here," said Mr Rossouw.

He added that a growing number of South African lawyers were waiting on the ruling to see how they would progress with their own land claim cases. Since 1994, the ANC-led government has implemented a multifaceted land reform programme that has included the restitution of property rights to those dispossessed under previous regimes and reforming the highly unequal system of land tenure.

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However, in its landmark decision which upholds Mr Duvenage's property rights, the constitutional court found last week that the failure by the state to protect farmers from land invasions would be "a recipe for anarchy".

It also held it was unreasonable for a private entity to be forced to bear the burden, which should be borne by the state, of providing informal settlers with accommodation.

According to the 74-year-old Mr Duvenage, anarchy is exactly what has gripped his 50-hectare farm since the first of the squatters began to settle on his land, about an hour's drive east of Johannesburg in the Guateng province near Benoni, in early 2000.

The invasion started with a trickle of people filtering over the fence from Daveyton after the township was officially incorporated into the local area. Consequently, many residents had to find an alternative place to stay due to a lack of room.

Mr Duvenage appealed to the police and the municipal authorities for help. When they proved ineffective, the trickle of people grew to a flood and a squatter camp materialised on his land.

Today, Mr Duvenage says there are in the region of 70,000 people living illegally on his farm. He maintains he regularly gets death threats, and is subjected to theft and further human encroachment on the land he previously used for growing fodder, soya beans and grain crops.

"I was overjoyed when I heard the news from the court because at last I know that my property, which I bought in 1965, is actually mine. Now maybe something will happen, but I won't hold my breath because what are they going to do with all the people that are living here now?

"I was told by the local authorities it would cost 18 million rand - or around €2.2m - to move them, but if they do that they will be back within a number of days as they have no where to go.

"The government has to provide the people with an alternative form of housing before this will be fully resolved," he says.

Indeed, blame for the land invasion was placed firmly at the government's door by the constitutional court.

It stated its ruling should make the government aware that its delivery in the areas of housing had been "seriously inadequate" and that it should urgently speed up the construction of low-cost housing and the purchase and redistribution of land.

A government spokesperson was unavailable for comment in relation to the ruling.

When you enter the 70,000- strong squatter camp - which is unofficially named Gabon by residents - it is a surprise to see the site has some asphalt streets and fencing, as well as some ramshackle shops tucked in amongst the rows of small shacks made from corrugated iron and plastic sheeting. But there are no services available to the inhabitants other than a single tap, and the rows of pit toilets that have been dug to handle the massive amount of waste matter produced daily.

As most of the inhabitants are allegedly illegal immigrants from Zimbabwe and Mozambique, outsiders are met with a wall of silence and viewed with an air of suspicion. Strangers are either completely ignored, or told to go away in a menacing manner.

Mr Duvenage points out that at this stage all he wants to do is sell the land to the government, but to date they have not made an offer, even though he says he would be willing to sell for "a cheap price".