In South Africa, a complex legal battle involving the Nuveld farmers has escalated with the potential to put numerous officials, including Thoko Didiza, in jail. The dispute began in 2009 when the Department of Rural Development and Land Reform allocated five farms to over 80 beneficiaries, including the Nuveld farmers. Despite their success, the department allegedly took two of their farms earlier this year, leading to a legal battle that resulted in the recent verdict of contempt of court for Didiza and other officials. The situation highlights the challenges of land reform and rural development in a democratic society.
The legal dispute involving the Nuveld farmers in South Africa dates back to 2009 when the Department of Rural Development and Land Reform allocated five farms to over 80 beneficiaries as part of their land reform program, including the Nuveld farmers. Despite the farmers’ success, the department allegedly commandeered two of their farms earlier this year, leading to a legal battle which resulted in a recent verdict finding Thoko Didiza and other officials guilty of contempt of court.
In the core of South Africa, a complex legal brawl has been gradually unfolding with the potential to incarcerate Thoko Didiza, the recently instated speaker of the National Assembly, along with various functionaries from the Department of Agriculture, Land Reform and Rural Development. The ongoing dispute, with origins dating back to 2009, encompasses three shepherds from Beaufort West, jointly identified as the Nuveld farmers.
A decade ago, the Department of Rural Development and Land Reform, adhering to the government’s land reform agenda, allocated five farms, collectively known as Plateau Farm, to over 80 beneficiaries as a part of their land reform programme. Among the beneficiaries were Joshua Bezuidenhout, his brother Herold Bezuidenhout, and Jan Bergh, the trailblazing members of the Nuveld farmers. This triumvirate embarked on an expedition to establish a thriving wool co-operative, the Nuveld Farming Empowerment Enterprises. Their indefatigable endeavours culminated in numerous accolades over the years, distinguishing them from other beneficiaries who couldn’t sustain their farming ventures.
Nevertheless, success wasn’t a shield for the Nuveld farmers against trials and tribulations. Earlier in the year, governmental functionaries commandeered two of their farms, replaced the locks and gave other beneficiaries the right to inhabit the land. This drastic action was a flagrant defiance of a court injunction, secured by the farmers in March. Despite this, indications suggest that the department persisted in authorising new occupants on the farms, brazenly flouting the court’s mandate.
In retaliation, the Nuveld farmers reentered the legal fray, insisting that Didiza, who then held the portfolio of agriculture, land reform and rural development minister, and her fellow officials obey the court’s injunctions. Their pleas, however, were allegedly ignored and the directives were reportedly disregarded.
The Nuveld farmers’ leases ended in 2019, which led them to act as custodians of the farms while waiting for a 30-year lease to be finalized. During this interlude, the National Land Acquisition and Allocation Control Committee proposed them as ideal lease candidates. Concurrently, their sheep rearing venture flourished. By 2023, their wool commanded the highest average price for that region at the national wool auction in Gqeberha.
However, notwithstanding their achievements, they faced a setback when the acting chief director of Western Cape Provincial Shared Services chose not to grant the lease to the Nuveld farmers in September 2020, providing no explanation for the decision. Unfazed by this setback, the farmers sought redress in the Western Cape Division of the High Court to contest and reverse the decision on 4 April 2023.
In a recent turn of events, Judge Mahomed found Didiza and her involved officials guilty of contempt of court, giving them a 30-day ultimatum to evacuate the farms and transfer them to the Nuveld farmers. Non-compliance could lead to a 30-day incarceration. The judge dismissed the defence’s claim that the court order did not direct them to commence eviction proceedings. She reprimanded the department for intentionally resisting the court order, acting in bad faith, and failing to defend their actions.
In her final judgement, she declared that a third family should be given entry to one of the farms, adding another layer to this continuing saga of land rights, governmental disregard, and tenacious farmers. This situation stands as a stark sign of the intricacies and challenges inherent in the quest for land reform and rural development, even within a democratic society.
The Nuveld farmers are a group of three shepherds from Beaufort West, South Africa, who were among the over 80 beneficiaries allocated five farms as part of the Department of Rural Development and Land Reform’s land reform program in 2009.
The Nuveld farmers established a wool co-operative called Nuveld Farming Empowerment Enterprises, which has been successful and has received numerous accolades over the years.
The Department of Rural Development and Land Reform allegedly commandeered two of the Nuveld farmers’ farms earlier this year, leading to a legal battle that resulted in a recent verdict of contempt of court for Thoko Didiza, who was then the agriculture, land reform, and rural development minister, and other officials.
The court found Thoko Didiza and other officials guilty of contempt of court and gave them a 30-day ultimatum to evacuate the farms and transfer them to the Nuveld farmers. Non-compliance could lead to a 30-day incarceration.
The legal dispute involving the Nuveld farmers highlights the challenges of land reform and rural development in a democratic society.
The Nuveld farmers’ legal battle in South Africa highlights the complexities of land rights and governmental disregard in the quest for land reform and rural development, even within a democratic society.
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