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Science and Stewardship to Protect and Sustain Contested Rights: Impacts of Game Farming on Farm Workers in the Bushmans River Area Kelly Luck Zweliyanyikima Vena Abstract—This paper discusses the effects of the change to game The tensions that exist between landowners and/or man- farming, most notably trophy hunting, on farm workers in the agers and farm workers have been identified as revolving Bushmans River area of South Africa’s Eastern Cape Province. around a number of key issues: security of tenure and Game farming is viewed by government and tourism stakeholders residency rights, access to water and grazing land, stock as a much needed source of foreign investment in the impoverished restrictions, housing provision, and access to grave sites and Province. What is often unrealized and unreported however, is the other sites of cultural significance (chief here being certain effect of the transition to game farming on farm workers who still water pools and riparian zones considered to be inhabited by reside on the affected land. This paper traces the tensions that exist ancestors and that are essential components in both tradi- between white landowners and/or managers, and black farm work- tional and Christian oriented family rituals). ers. It questions the applicability of current legal statutes aimed at Through a discussion of the current legal position of farm providing security of tenure for farm workers. It examines potential workers in South Africa, an examination of the economic solutions to the impasse reached between landowners and farm situation of farm workers, an explanation of the security workers. It stresses the need, due to the politically sensitive issue of concerns of farmers, as well as through the use of empirical land and land restitution in South Africa, for an equitable solution case studies, this paper analyzes the tensions that exist that provides security of tenure for farm workers, along with access between farm workers and landowners and/or managers. It to the various sacred sites within the game farming landscape, discusses attempts at tacit eviction of farm workers by while allowing a compromise to be reached that is acceptable to the landowners. It addresses the question of the need for access landowners. to the landscape by farm workers to ensure their social and spiritual well being, and finally examines a possible solution to the situation of farm workers and game farms. Introduction ____________________ Economic Concerns of Farm The goal of the ongoing research initiative from which this paper is drawn is to investigate the impact that changes in Workers _______________________ private farming strategies are having on farm workers in the The economic implications of game farming for farm Bushmans River area of the Eastern Cape. Although com- workers revolves around their inability to secure a livelihood mercial farming has decreased considerably in the area due to unemployment and certain residential and livestock since the early 1990s, current changes in the region revolve restrictions. Game farming demands a different kind of primarily around the development of commercial game labor force than that associated with crop and livestock farming, most notably for trophy hunting. The potential of farming. This has resulted in a large number of retrench- game farming for ecotourism and the associated benefits of ments. Following this, most farm workers rely on seasonal employment, capital generation, and infrastructure devel- jobs and members of the family who draw pensions and opment have seen the creation of a large number of private disability grants. Seasonal work on chicory farms yields an game farms between Grahamstown and Port Elizabeth. average of 10 Rand (approximately $1) per day. Farm work- What is often unreported and unrealized, however, is the ers are therefore severely economically disadvantaged. For effect that this transition to commercial game farming is those farm workers with rights to remain on the land, the having on former Xhosa farm workers who still reside on the loss of income and rations makes the possession of stock a affected land. vital necessity for survival. The keeping of stock and the access to sacred sites within the game farm allow for contin- ued practice of various traditional and religious rites. These serve to ensure the spiritual and social well-being of the Kelly Luck is an Anthropology masters student in the Anthropology affected people. Department at Rhodes University, P.O. Box 94, Grahamstown, 6140, South Africa. Fax: +27 (0) 46-622-3948, E-mail: [email protected]. Zweliyanyikima Vena is the User Services Librarian in the Cory Library at Rhodes University. He is also training as an Indigenous Healer. Fax: +27 (0) Security Concerns of Farmers _____ 46-622-2264, E-mail: [email protected] In: Watson, Alan; Sproull, Janet, comps. 2003. Science and stewardship Farm killings are a national problem. Accounts of farm to protect and sustain wilderness values: Seventh World Wilderness Con- killings in the Eastern Cape are common in the media. These gress symposium; 2001 November 2–8; Port Elizabeth, South Africa. Proc. attacks on both farmers and farm workers have generated a RMRS-P-27. Ogden, UT: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. USDA Forest Service Proceedings RMRS-P-27. 2003 85 Luck and Vena Contested Rights: Impacts of Game Farming on Farm Workers in the Bushmans River Area feeling of apprehension amongst the Province’s farming Legal protection as it currently stands extends to securing community. A number of farmhouses in the Bushmans River residency rights for long-term occupiers, but does not pro- area have been burgled in recent months. It is therefore vide for the protection of those aspects of the landscape that understandable that farmers would seek to secure them- are identified by farm workers as sacred and therefore selves through restricting access to their property. The essential for the continued practice of religious rites. Al- Government has allowed farmers to erect boom gates as a though there is a strong international call through organiza- means of ensuring their safety. tions such as the Convention on Biodiversity (CBD-UNCED), What must ultimately be understood is that it is often not the United Nations Working Group on Indigenous Popula- the farm workers on the property who are responsible for the tions (WGIP), and the Working Group on Traditional Re- growing number of farm attacks. It is usually other people in source Rights (WGTRR), for the recognition of indigenous the area, or those from further afield. It is therefore in the knowledge and the need for its preservation and protection interests of landowners to ensure that they are on good (Gray 1997), the preservation of and access to sacred sites is terms with the farm workers on their land. These people will not something that is legally enforceable in South Africa. then have a vested interest in protecting the land and Farm workers have a strong affiliation with the surrounding ensuring that it is free from outside interference. landscape, due in many cases to long-term residency and the existence of family graves. There is also a strong identifica- tion with various sacred sites within the landscape and the Existing Legal Protection for Farm articulation of a need for their protection. Workers _______________________ The two case studies discussed in this paper are taken from one research site along the Bushmans River. Mr. Farm workers in the Eastern Cape have a long docu- Engelbrecht (names of individual farmers, landowners, and mented history of inconsistent working conditions and a lack farm workers have been changed) is the South African of adequately protected legal rights. Influx control and the director and a 20-percent shareholder of a newly established absence of trade union organization has resulted in low game farm. Mr. Engelbrecht is in partnership with a number wages and limited means of legal protection from human of Americans with a long established history of game farm- rights violations and work related abuses (Antrobus 1984; ing and trophy hunting in America. The partnership has Cocks and Kingwell 1998; Manona 1988). The current gov- bought six adjacent farms along the river, which are being ernment has attempted to improve the situation of farm consolidated to form a game farm. There are 19 farm worker workers through the implementation of the Extension of families in residence on three of the purchased farms Security of Tenure Act 62 of 1997 (ESTA). ESTA provides for stringent procedures when a landowner, or person in charge of the land, intends to evict residents. The would-be evictor Case 1: Attempts at Tacit Eviction has to make an application in writing to a magistrate stating Tacit evictions, through such measures as the imposition his reason for eviction. While a farm worker’s right of of severe water restrictions, lack of access to farms for farm residence may be terminated on any lawful ground, the workers, and stock restrictions, are a common reality as process must be equitable, fair, and in accordance with the certain landowners attempt to force their workers to leave various provisions, as laid out in the Act. Furthermore, the voluntarily, thereby rendering null and void their responsi- Act extends additional protection to those “long-term occu- bilities as laid out in ESTA. These responsibilities include piers” who have resided on the land for a period of 10 years the stipulation that if farm workers are evicted or re- and have reached the age of 60. Despite this, the National trenched, a settlement offer must be secured that will allow Land Committee (NLC) acknowledges for the construction of housing in a new locality that is of …that although offering limited rights, [ESTA] has been equal standard to that occupied in the place of former demonstrated to be woefully inadequate in securing real employment.
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