Report of the Commission of Inquiry Into the Socio-Economic Conditions of Farm Dwellers in Mpumalanga Province
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REPORT OF THE COMMISSION OF INQUIRY INTO THE SOCIO-ECONOMIC CONDITIONS OF FARM DWELLERS IN MPUMALANGA PROVINCE REPORT OF COMMISSION OF INQUIRY INTO THE SOCIO-ECONOMIC CONDITIONS OF FARM DWELLERS IN MPUMALANGA PROVINCE 1 2 REPORT OF COMMISSION OF INQUIRY INTO THE SOCIO-ECONOMIC CONDITIONS OF FARM DWELLERS IN MPUMALANGA PROVINCE REPORT OF THE COMMISSION OF INQUIRY INTO THE SOCIO-ECONOMIC CONDITIONS OF FARM DWELLERS IN MPUMALANGA PROVINCE We, the undersigned Commissioners, Having completed our Inquiry into the Socio-Economic Conditions of Farm Dwellers in Mpumalanga, undertaken the necessary investigations and considered all the research and information brought to our attention, Hereby present our findings and recommendations to The Premier of Mpumalanga Province The Honourable David D. Mabuza Signed on this 31st day of May 2016 at Nelspruit, Mpumalanga Advocate Gerhard J Louw (Chairperson) ……………………………… Ms Eunanda E Fourie ………………………………. Mr Ernest Mmako ………………………………. Mr Robert D Davel ………………………………. Mr Thabo D Mokoena ………………………………. Ms Nomvula M Maya ………………………………. REPORT OF COMMISSION OF INQUIRY INTO THE SOCIO-ECONOMIC CONDITIONS OF FARM DWELLERS IN MPUMALANGA PROVINCE 3 ESTABLISHMENT OF THE COMMISSION OF INQUIRY INTO THE SOCIO-ECONOMIC CONDITIONS OF FARM DWELLERS, THE TERMS OF REFERENCE AND THE APPOINTMENT OF COMMISSIONERS The Commission of inquiry into the socio economic conditions of farm dwellers (Commission) was established and approved on the 25th of August 2015 by the Premier. In September 2015, the following were appointed as Commissioners. 1. Advocate Gerhard J Louw (Chairperson) 2. Ms Eunanda E Fourie 3. Mr Ernest Mmako 4. Mr Robert D Davel 5. Mr Thabo D Mokoena 6. Ms Nomvula M Maya Logistical and administrative support was provided by staff from the Office of the Premier (OTP) who acted as the Commission’s secretariat and also formed part of the investigation and research team. The Communications section provided logistical support while the Research unit assisted with the completion of questionnaires. Additional research and investigations were undertaken by an appointed service provider. The Terms of Reference for the Commission were “To investigate and report to the Premier of Mpumalanga with due regard to the applicable rights, responsibilities and obligations contained in the relevant legislation, on the living conditions of farm dwellers in Mpumalanga Province in general and with specific reference to the following but without limiting the scope of such an investigation”. (Annexure A: Gazette Notice Establishing the Commission of Inquiry: 2015) The Commission’s term of office ended on the 31st of May 2016 at which date it was expected to present its findings in a report to the Premier of Mpumalanga Province. 4 REPORT OF COMMISSION OF INQUIRY INTO THE SOCIO-ECONOMIC CONDITIONS OF FARM DWELLERS IN MPUMALANGA PROVINCE 1. EXECUTIVE SUMMARY The Commission was established by the Premier of the Mpumalanga Province (Province) Honourable DD Mabuza on the 25th of August 2015 when he appointed six members to act as Commissioners. In January 2016 a service provider was appointed to research and compile the report. The Commission decided to follow an “evidence-based” approach to its mandate, so that any findings and the final recommendations would be justifiable and defensible across the social and political spectrum. The report sets out the background to this inquiry, the Commission’s Goals and Objectives before describing the Scope of the Inquiry. A methodological approach is thereafter described. A literature review from multiple sources was done to gather information concerning farm dwellers in the Province, other provinces, as well as research on farm dwellers nationally. Where necessary, reference is also made to international studies on farm dwellers as well as trends within the agricultural sector. The concept “farm dweller” was described and relevant statistics on the demographic structure of the farm dweller community in the Province are provided. Knowing that the responsibility to address the socio-economic conditions of farm dwellers rests with various tiers of government agencies, as well as a range of line function departments, a review of the South African policy and legislative framework is also included in this report. It has become clear that there is an urgent and critical need to align and coordinate the work of various tiers of government, agencies and departments to ensure that scarce human and capital resources are judiciously used to promote the socio-economic interests of the farm dweller community. Various stakeholders were engaged , (24 in total) as part of investigations in order to hear first-hand what these parties are doing to support farm dwellers and what their major concerns, challenges and initiatives are. Where necessary, follow up meetings were held with stakeholders to gain further in-depth knowledge of their work and responsibilities towards farm dwellers. The Commission refined its investigation into five key thematic areas, namely: • Security of Tenure • Labour and Economic Opportunities • Housing and Basic Services • Social Services • Institutional Support, Relationships and Alignment (These thematic areas were used throughout the report to order and structure the findings of the Commission) As part of information gathering, ten public hearings in ten local municipalities throughout the Province were held. In total 246 farm dwellers and other stakeholders presented testimonies at these public hearings about their experiences and challenges. Additionally, the Secretariat and the Research unit circulated and assisted in the completion and analysis of questionnaires to 301 farm dwellers to gain even more knowledge about their socio-economic conditions. Fourty six (46) farm visits were undertaken by members in order to better acquaint themselves with the living conditions of farm dwellers and to see first-hand what challenges were encountered on a daily basis. Furthermore, Secretariat followed up on cases that were reported directly to the Office of The Premier by farm dwellers who requested assistance with their problems. Five case studies, three from the Province, one from the Free State and one from the Western Cape were undertaken in order to make recommendations as to how best to address the challenges faced by the farm dweller community, These case studies were selected as examples of projects or initiatives that impacted positively on the socio-economic conditions of particular farm dweller communities. REPORT OF COMMISSION OF INQUIRY INTO THE SOCIO-ECONOMIC CONDITIONS OF FARM DWELLERS IN MPUMALANGA PROVINCE 5 Based on the extensive evidence collected, a summary of key findings was produced and thereafter critical issues for consideration were identified in order to formulate the final recommendations. The investigations have confirmed that the farm dweller community in the Province requires extensive support to improve its socio-economic conditions. In terms of the key thematic areas the Commission has confirmed the following: • That security of Tenure remains the key right that needs to be realized to improve the livelihoods of farm dwellers. Significant of those farm dwellers who indicated that they had been evicted from a farm, 65% indicated that this was done without any court order. This statistic indicates that the provision of legal services to farm dwellers facing threats of eviction is not adequate and effective, and that unlawful evictions continue to take place in the Province despite the DRDLR having a legal service facility to provide legal support to farm dwellers facing eviction. • There is sufficient protection afforded to farm workers through labour and other legislation but there is a significantly, number of workers, (50% of those interviewed) who do not have formal contracts of employment. It was further observed that most employees are not aware of their rights and there remains a need for information and education. • The lack of secure access to productive land, agricultural inputs, skills and markets limits the economic potential of farm dwellers. If this element can be addressed, it would lead to significant improvements in addressing the unemployment challenge of farm workers which is currently at 41%. • Access to housing and basic services for farm dwellers is generally poor and varies from farm to farm and municipality to municipality. • Farm dwellers do have access to Social Services, Education, particularly made possible through scholar transport, and Health services through mobile clinics. These Departments should be commended on their efforts in this regard. Rural safety however remains a challenge. • The Province is facing serious environmental threats due to poor governance of Mining especially in the Nkangala District. These environmental threats will have dire consequences for South Africa’s future prosperity due to the detrimental impact of mining on water security, soil and food security. Mining involves the removal of huge quantities of topsoil essential for agriculture, and if the process of rehabilitation and effective governance of issuance of licences is not effectively managed, around 12% of SA’s total high potential arable land will be ruined. • There needs to be greater institutional alignment and coordination between the tiers of government, government agencies and line function departments to effectively address the socio-economic needs of the farm dweller community in the Province. Based on the evidence collected and the identification