The African Farmers’ Association of South Africa (AFASA) Free State and Eastern Cape Land Reform Committees have announced plans to approach the High Court on an urgent basis to stop the Department of Land Reform and Rural Development from advertising, reallocating or otherwise disposing of farms allocated to, occupied by or legitimately claimed by AFASA members without proper consultation and due process.
By Maile Matsimela, digital editor at African Farming
The legal action follows weeks after AFASA formally appealed to Minister of Land Reform and Rural Development Mzwanele Nyhontso to intervene in the allocation of Zandfontein Farm near Viljoenskroon, arguing the rights of long-standing occupiers had not been adequately considered.
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Appeal to the minister
On 20 July, Piet Mothepu, Head of AFASA’s Land Reform Committee and National Membership and Compliance Committee, together with Mike Makwa, Chairperson of AFASA Free State, wrote to Nyhontso requesting the immediate withdrawal or suspension of the advertisement of Zandfontein Farm.
In the letter, AFASA said several of the current lessees and occupiers were born on the farm and have lived there for more than 50 years. The organisation argued their historical connection to the land and their legal rights should be properly considered before any allocation process proceeds.
AFASA further questioned whether the protections afforded under the Extension of Security of Tenure Act (ESTA), the Constitution and other applicable legislation had been fully considered before the property was advertised. It requested that the allocation process be placed on hold pending consultations with affected parties and an investigation into whether all legal and administrative requirements had been followed.
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Matter escalates to court
Having sought ministerial intervention, AFASA has now indicated it intends to seek judicial relief. Mothepu announced AFASA’s Free State and Eastern Cape Land Reform Committees intend to approach the High Court for an urgent interdict preventing the department from reallocating disputed farms until the matters have been properly reviewed.
According to AFASA, the intended court application seeks to protect affected farmers while ensuring land reform processes follow the law.
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Wider concerns over land reform
AFASA says this matter reflects broader concerns regarding land reform administration in the Free State. In its letter, the organisation referred to allegations relating to Uitkyk Farm near Sasolburg, where it says questions have been raised about compensation, settlement processes and post-settlement support.
AFASA also referred to unresolved matters involving Tot Hier Toe Farm, Melkraal Farm and Zebra Farm, calling for a broader ministerial investigation into land acquisition, allocation, tenure security and post-settlement support practices in the province.
AFASA stressed the Uitkyk allegations are unproven but serious enough to warrant urgent investigation.
African Farming has approached the Department of Land Reform and Rural Development for comment. The department’s response will be published once received.
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