Summary of the Land Tenure Security Bill

2011-01-15 16:27

Objects of the bill

The main aims of the new land tenure legislation are:
» To promote and protect the relative rights of ­people working on farms, people residing on farms, and farm owners;
» To enhance the security of tenure of people ­residing on farms;
» To create conditions conducive to peaceful and harmonious relationships on farms and in farming communities; and
» To sustain production discipline on land in the interest of food security.

Application
This bill applies to all agricultural land, land used for agricultural purposes, or farms other than land occupied by traditional communities.
People covered by the bill
» People residing on farms;
» People working on farms;
» People associated with people residing or working on farms, such as spouses, children, nephews or nieces under the age of 18 who attend school, parents, brothers or sisters of a person residing or working on a farm; and
» Farm owners and authorised agents, such as managers.

Duties of farm owners
A farm owner must not:
» Intentionally or unlawfully harm any person ­occupying the land;
» Intentionally or unlawfully cause material ­damage to the property of a person residing on a farm or a person working on a farm; or
» Prevent a person working on a farm or a person living on a farm from accessing education, health or any other public facility.

Rights of farm owners
» Right to property;
» Right of the employer in terms of labour laws;
» Right to family life; and
» Right to dignity.

Rights of people residing on farms
» Right to own livestock and not be unreasonably restricted;
» Right to grazing land for the livestock;
» Right to build houses;
» Right to visit and be visited;
» Right to bury members of the family on the farm;
» Right of access to burial grounds; and
ancestral land;
» Right to reasonable practice culture;
» Right of access to clean water; and
» Right of access to development.

Duties of people residing on farms

A person residing on a farm must not:
» Intentionally or unlawfully harm any person ­occupying the land;
» Intentionally or unlawfully cause material ­damage to the property of the owner; or
» Assist people who do not reside on the land to unlawfully establish new dwellings on the land.

Rights of people working on farms
A person who works on a farm may exercise any of the following rights:
» Right to work in compliance with the Labour ­Relations Act, No. 66 of 1995, the Basic
Conditions of Employment Act, No. 75 of 1997, and other labour laws;
» Right to education for self and family;
» Right to family life; and
» Right to dignity.

Duties of people working on farms
A person working on a farm must provide labour to the owner in accordance with the conditions of employment as agreed upon between a person working on the farm and the owner.

A person working on farm must not:
» Intentionally or unlawfully harm any person ­occupying the land;
» Intentionally or unlawfully cause material ­damage to the property of the owner; or
» Assist people who do not reside on the land to unlawfully establish new dwellings on the land.


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