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Other laws passed during this transition period improved black access to land, including the Upgrading of Land Tenure Rights Act No. Constitution of the Republic of South Africa, Act of Section 36 1 governs the limitation of rights, providing that "The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including:- a the nature of the right; b the importance of the purpose of the limitation; c the nature and extent of the limitation; d the relation between the limitation and its purpose; and e less restrictive means to achieve the purpose.
Constitution of the Republic of South Africa, , sections 25 1 , 2 , and 3. Section 25 3 provides in full: "The amount of compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including:- a the current use of the property; b the history of the acquisition and use of the property; c the market value of the property; d the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and e the purpose of the expropriation.
Other relevant statutes include the Land Administration Act No. Restitution of Land Rights Act, , preamble and section 2. The date of is significant since it means that land taken by conquest before the codification of ownership patterns by the Natives Land Act is not covered by the restitution process.
This deadline was extended from April 30, to allow for the filing of claims in the wake of an awareness campaign. Restitution of Land Rights Act, , sections Restitution of Land Rights Act, , sections 14 and Unless otherwise noted, all currency amounts have been converted to dollars at the rate of 7.
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Land rights activists have argued that the program has therefore failed to address the primary purpose of land reform: the restoration of land to those from whom it was unjustly taken. Land Reform Labor Tenants Act, 3 of , section 1 xi.
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The legislation does not specify how long the parents or grandparents need to have resided on the farm, but the inclusion of criterion c means that many who are first generation labor tenants are excluded from the act. Section 1 ix defines a farmworker as "a person who is employed on a farm in terms of contract of employment which provides that a in return for the labor which he or she provides to the owner or lessee of the farm, he or she shall be paid predominantly in cash or in some other form of remuneration, and not predominantly in the right to occupy and use land; and b he or she is obliged to perform his or her services personally.
These reasons include a breach of the relationship between owner and labor tenant and failure of the labor tenant to provide the agreed upon labor. Land Reform Labor Tenants Act, 3 of , section 7 2. Land Reform Labor Tenants Act, 3 of , section 9. This deadline was set so as to provide some certainty to land owners regarding the status of their land. Land Reform Labor Tenants Act, , section An occupier is defined under the act as "a person residing on land which belongs to another person and who has Extension of Security of Tenure Act , section 1 1 x.
In August , the Pretoria High Court ruled that the Extension of Security of Tenure Act could not be read as implying a right to bury the bodies of those who had lived on land they did not own, even if they were residing there legally. Both farm residents and farm owners see the right to bury the dead as symbolizing a connection with the land, and hence the issue has achieved a significance that is political as well as emotional: where permission might previously have been granted, farmers are now reluctant to concede this right.
Extension of Security of Tenure Act , section 8 1. Extension of Security of Tenure Act , section 10 2.
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Both magistrates courts and the Land Claims Court have jurisdiction over the act. Conradie vs.
Hanekom the right to allow her husband--who had been dismissed from his employment on the farm--to continue living in her home on the farm. Marcus, C. Eales, and A. Forty-eight percent of those wanting farmland desired one hectare or less, and the mean demand for thirteen hectares was skewed by a few people wanting large amounts of land. To be eligible for the program claimants must be legal, permanent residents of South Africa, have a monthly household income of not over R1, U.
At a conference in October , agricultural minister Thoko Didiza stated that the powers of the government under the Expropriation Act could be used to resolve some of the problems facing land reform; she later reiterated that a willing buyer-willing seller would be the norm in acquiring land for redistribution and that expropriation would be used only as "a last resort" to carry through land reform.
In February , the government threatened to use its powers of expropriation to take land for the first time in order to satisfy a claim for restitution relating to a farm near Lydenburg in Mpumalanga; the farmer had agreed to sell but there was a dispute over the price , but later stated that it would attempt to revive negotiations for the sale of the land. A settlement was reached in May, by which the farm was sold to the government for a compromise price.
Responding to a question in the National Council of Provinces in July , Minister of Agriculture and Land Affairs Thoko Didiza provided figures indicating that the state owned at least 20 percent of land in South Africa Only between 5 and 7 percent of state land was available for redistribution, since the rest was in use for other purposes. Human Rights Watch interview with farmers, Vryheid, September 14, The South African government later issued a statement reporting that Zuma had given an assurance "that the situation in Zimbabwe would not happen in South Africa.
His view is that there are constitutional guarantees and a strong adherence to the rule of law in South Africa to guard against this. Business Day Johannesburg editorialized on October 13, , that Zuma's comments "by no stretch of the imagination could be construed as supporting Zimbabwean style land invasions. Therefore the government would take all necessary steps to ensure that the breaking of the law comes to an end. That is not a problem, that is not an issue.
These legal protections were at the same time extended to domestic workers. Unemployment Insurance Act, No. Every employee is entitled to an Unemployment Insurance Card UIF card, also known as a "blue card" , which serves to prove his or her entitlement to UIF benefits in the event of retrenchment. It is the employer's responsibility to apply to the Department of Labor for their employees' UIF cards. The convention includes provisions relating to equal remuneration for work of equal value; hours of work; rest periods; and occupational health, as well as social security measures and welfare facilities and benefits provided in connection with employment.
Article 2 of Convention No. Section 6 1 of the Employment Equity Act, No. Section 6 3 of the Employment Equity Act provides, "Harassment of an employee is a form of unfair discrimination and is prohibited on any one, or a combination of grounds of unfair discrimination listed in Subsection 1. In terms of the convention, women wage-earners in agriculture are entitled to a period of maternity leave "of not less than fourteen weeks," including "compulsory leave for a period of six week after child birth" in order to ensure protection of the health of the mother and that of the child.
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Further, the Maternity Protection Convention provides that women in agriculture are entitled to receive "cash benefits" during maternity leave. Where a woman does not meet the conditions to qualify for a cash benefit under national laws and regulations, she should receive adequate benefits either out of the public funds or by means of a system of insurance, subject to the means test required for such assistance.
At the time of this writing, June , this convention had not yet come into force. The convention revises and replaces a previous convention of One percent of the contributions comes from the employee's wages and the employer must pay the other one percent. A draft Unemployment Insurance Bill was published by the Department of Labour in , which will repeal the existing act and introduce important reforms, among other things de-linking maternity benefits from unemployment benefits.
The original draft of the bill excluded both farmworkers and domestic workers, but the parliamentary labor committee recommended that both should be included, a debate that is still ongoing. The percentages reflected the number of respondents "agreeing" or "wholeheartedly agreeing" to these statements.
The question of how many commercial farms there are is, however, complicated, given the new membership of some small-scale farmers from the former homeland areas in the structures representing commercial agriculture. In August , Agri-SA referred to "85, commercial and small scale farmers," in connection with the launch of a fund to provide security.
Less than a year later, however, commercial agriculture was quoted as stating that there are 40, commercial farmers and 32, small scale farmers. Statistics relating to farmworkers also remain unreliable, because of a lack of consistent collection of uniform and disaggregated data and an increase in temporary employment in the farming sector which makes it difficult to maintain accurate statistics. Nick Vink ed. Employment Trends in Agriculture, Summary of Findings and pp. Translated from Pedi. Employment Trends in Agriculture, p. As a proportion of all those employed in agriculture, 32 percent have no schooling, and 3 matric or higher qualifications.
By comparison, among all employed people in the economy, only 10 percent have no schooling, and 13 percent have matric or higher. All currency conversions at contemporary rates in this paragraph. One woman farmworker told Human Rights Watch that farm owners denied them permission to go to their compounds to use the toilets, telling the women to "just do the shit" in the field, meaning that women should relieve themselves in public within the sight of men working in the same fields.
Vink ed. Perhaps up to 10 percent of farmers continue with the "dop" system of payment in alcohol. In April , a green paper published by the Western Cape provincial government proposed the creation of an offence for an employer to supply liquor to an employee in lieu of wages or to deduct from wages sums owing for the purchase of liquor from the employer or from a third party.
Employment Trends in Agriculture in South Africa, p. Glanz and Andrew D. Spiegel eds.
Unequal Protection: The State Response to Violent Crime on South African Farms
Human Rights Watch interviews, group of women farm workers, Western Cape, April 12, and group of women farm workers, Northern province, March 28, There is no bilateral agreement with Zimbabwe, a major supplier of labor, although employment of Zimbabweans is allowed in the far north of Northern Province under the terms of a special arrangement endorsed by both governments.
See Martin J. White Farmers, Schools and Labor in Natal, c. Human Rights Watch interview with farmer, April 4, Of a total 1, farmworkers living on farms owned by members of KWANALU, 24 percent described their relationship with the farm owner as "very good," 69 percent as "fairly good," 6 percent as "fairly bad," and less than 1 percent as "very bad. The research involved detailed interviews with male and female migrant farmworkers in the eastern Free State.
Sixty-one percent said that labor relations on the farm were good, 13 percent that they were satisfactory, 17 percent that they were poor, and 9 percent that there was no interaction with the farm owner. All the farmers said there were good labor relations on the farm. This article is a longer version of the article by the same authors published in the Canadian Journal of African Studies, cited above. Human Rights Watch interview with Col. For example, Agri-SA put out a press release condemning the action of the Potchefstroom farmer who had allegedly tried to drive forty-seven workers out of their homes with poisonous gas, and indicated that the organization had established that the farmer in question was not a member.
Human Rights Watch interview with Insp. De Klerk, station commissioner, Ingogo police station, April 7, Ulicki and Crush, "Poverty and Women's Migrancy," p. Human Rights Watch interview, Greytown, April 3, Following their eviction, these former farm residents were assisted to bring a civil claim by the Association for Rural Advancement, Pietermaritzburg. Human Rights Watch interview with farm resident, April 4, The case was extensively reported. It was reported that Adolf Moore, an Mpumalanga farm owner, had beaten Themba Mkhaliphi, one of his workers, so severely that he died several days later.
The assault was reportedly for using a tractor, to collect firewood for his own use, without permission. Moore was arrested. Pieter Odendaal was charged with murdering his employee, Masolo Rampuru. Odendaal's lawyer requested that he be sent for psychiatric evaluation. Nine white members of the rugby team were charged with murder.
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For example, Tommie Laubscher, a former player for Western Province rugby team, was reported to have assaulted workers on his farms on numerous occasions, including a case in which he broke the jaw of a worker. Human Rights Watch interviews, April 20, Translated from Tswana and Sotho. Human Rights Watch interview, April 20, Translated from Shangaan.