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 , 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 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 . The potential of farming. This has resulted in a large number of retrench- game farming for 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. In many cases, the advent of game farming and tenure rights for farm dwellers (NLC Annual Report 1999- trophy hunting, which heightens the danger for resident 2000:23). farm workers, has served as justification by certain land- The ineffectiveness of the Act results from its inability to owners to limit farm worker access to the landscape. protect the tenancy rights of the dependents of household Mr. Stewart bought his farm from the Landbank in 1999 heads once they die (dependents may be legally evicted 12 after the previous farmer had gone bankrupt. The farm was months after the death of the household head), as well as its later purchased in November 2000, along with five other inability to ensure the residential security of short-term properties in the area, by an American investment group for occupiers. the purpose of establishing a game farm for trophy hunting. Beyond the above, farm workers are often uninformed Mr. Stewart negotiated a usufruct right, which allowed him about the existence of the Act, something which has led to to remain in residence and run his cattle in a specified area attempts at tacit eviction because once people leave the land of the farm. they lose all associated rights to it. Such evictions and When Mr. Stewart took over management of the farm in retrenchments have reached alarming proportions in recent 1999, he imposed cattle restrictions of two animals per years. Downsizing in existing farming operations, and game family. Although cattle restrictions are often placed on farm farming, has led to landlessness, unemployment, growing workers (Cocks and Kingwell 1998), the previous owner had shack settlements in neighboring towns, and livestock over- not imposed any restrictions. The lack of livestock restric- population on urban commonages. tions being replaced by these new stringent restrictions could set a precedent that could be detrimental to farm

86 USDA Forest Service Proceedings RMRS-P-27. 2003 Luck and Vena Contested Rights: Impacts of Game Farming on Farm Workers in the Bushmans River Area workers. Only three of the six resident families have stock, members of the larger community identify three such locali- but of these, all have animals in excess of the limit imposed ties: the water, the grassland, and the forest. Each locality by Mr. Stewart. The farm workers informed Mr. Stewart is believed to contain ancestral spirits, the most powerful that they could not abide by the restrictions, as they needed being the river people (abantu bomlambo) who reside in the stock to ensure their economic well-being. Mr. Stewart certain identifiable pools (De Jager and Gitywa 1963; then implemented a system in which stockowners had to pay Hammond-Tooke 1975; Hirst 1990, 1997; Ngubane 1977; 20 Rand (approximately $2) a month per full-grown animal Soga 1931). Access to these sites is considered vital for the for grazing, vetting, and dipping. Sometime later, he is continued well-being of the community. Family rituals are reported to have informed the farm workers of his intention often conducted at the various river and forest sites to ensure to personally sell all of their animals and hire a truck to agricultural success, health, fertility, and good fortune. Di- collect them. Such actions and threats can be seen as viners and their apprentices also make use of certain pools, attempts to force farm workers to leave the land and settle revealed to them in their dreams, for training purposes. elsewhere. Alongside the traditional, indigenous-oriented use of the More seriously, Mr. Stewart imposed severe water restric- various sacred sites within the landscape, local African tions on the farm workers living on his property. The farm Zionist Christian, farm-based congregations make use of the contains two dams: one for human consumption and one for sacred pools for full submersion baptisms. This ritual is a livestock use. There is also a borehole in close proximity to definitive step for adult churchgoers, as it marks their full the main farmhouse. He has consistently denied access to entry and acceptance into the congregation. The strong the dam with water fit for human consumption. In July 2001, influence of indigenous African beliefs within the African during a public meeting between Mr. Engelbrecht, the South independent/indigenous churches (Maboea 1994; Oosthuizen African Manager of the game farm; Mr. Stewart’s son, who and others 1996), which view the healing energy of the acted as interpreter; Mr. Bonda, a representative of an church as converted ancestral/traditional energy, has culti- agricultural NGO; and the farm workers, Mr. Stewart’s son vated a respect for the landscape which parallels that felt by defended the blocking off of the dam by saying it was in traditionalists. response to the farm workers, who had left certain farm It is pertinent to point out at this stage that a respect for gates open and let their own cattle move freely through these the landscape arises out of an awareness of the need to show gates. The situation has yet to be resolved. Meanwhile, the the “proper” respect to the ancestors. As stressed in Bernard farm workers approached a neighboring farmer and re- (this proceedings), this involves an ecological ethos of protec- quested permission to draw water from his dam. The request tion and preservation of sacred sites, as environmental was granted. degradation or disturbance of any sort will result in the The farmhouse that Mr. Stewart occupies is situated just ancestors abandoning the sacred site. off the main driveway leading to his farm and one of the other Mr. Menzi and his brother, Mr. Sol Menzi, are both former farms within the game farm. The gate leading to Mr. Stewart’s farm workers. Mr. Menzi is a resident of Mr. Stewarts farm, home is also used to access the remaining driveway to the and Mr. Sol Menzi lives on a nearby farm that has been second farm. Mr. Stewart frequently locks this gate, com- turned over to the people through the government purchas- plaining of too much traffic through the farms. The farm ing the land from the previous owner. workers are not informed about the locking of the gate and Mr. Sol Menzi’s wife developed a rash on her arms and are left without a key, something that severely restricts both back. Initially she approached the local herbalist and Zionist their and their visitors’ access to the property. While locking priest, Mr. Zenani, for advice. Mr. Zenani prescribed a the gate is understandable, given the incidents of farm course of treatment. When this failed to bring relief, Mr. attacks discussed earlier in the paper, Mr. Stewart should Zenani suggested she be taken to the local clinic. The inform the farm workers and possibly negotiate a situation medication offered by the clinic did not bring any relief in which they keep their own key or have access to one. either. Mr. Zenani then suggested she be taken to a healer, The above case illustrates an active attempt on the part of Mr. Zenani’s niece, who was in the area performing a ritual the landowner, or in this case occupier, to make life difficult for clients. During the divination session, she revealed that for the resident farm workers. Although many of the dis- the rash was in fact caused by the ancestors, and was an cussed actions took place prior to the onset of the game farm, outward sign that the family needed to purify itself. The such attempts have escalated now that the game farm is healer advocated the performance of a river ritual. This being constructed. Both Mr. Stewart and his son have given would involve the seclusion of the family, with the imposi- assistance to Mr. Engelbrecht, and frequently oversee the tion of certain food taboos, and the offering of gifts, by a still fledgling operation while he is away with clients at other chosen representative to the ancestors at a sacred pool. more established hunting sites. These actions constitute an It is pertinent to point out at this juncture that these rites attempt on the part of Mr. Stewart to tacitly evict those of passage were conducted in the past on an annual basis. people resident on his land, all of whom were resident before Rituals involve not only the religious ceremony itself, but the his arrival. provision of food and beer for ritual participants and guests, and the payment of the healer for his or her services. The significant cost of performing such rituals has resulted in a Case 2: Sacred Sites Within the Game situation where they are often neglected. It is believed that Farming Landscape the neglecting of such rituals may result in ancestral dis- pleasure, as is evident by Mrs. Sol Menzi’s rash. It is also Sacred sites refer to specific areas considered by the local important amongst the Xhosa that river rituals be performed people to be places within the landscape where their ances- at sites associated with the family, as it is believed that the tors reside (Hirsch 1995). The Xhosa farm workers and

USDA Forest Service Proceedings RMRS-P-27. 2003 87 Luck and Vena Contested Rights: Impacts of Game Farming on Farm Workers in the Bushmans River Area family ancestors reside in certain pools near where they may benefit through their engagement in cultural and lived in their earthly lives. Familial association with a par- ecotourism or agri-villages. Such endeavors should be com- ticular site is usually dependent on long-term occupancy in an mended and supported by all who are seeking a satisfactory area. In the past, this has resulted in farm workers ap- resolution of the problem and a means whereby the benefits of proaching their employers, or adjacent landowner, depending game and ecotourism can be shared with affected communities. on the location of the nearest sacred pool. Increasingly, how- An initiative, which involves the farm workers from the ever, it is game farm managers who need to be approached in first two case studies, is far from finalized. Mr. Engelbrecht, respect to the performance of ritual. the Director of the game farm under discussion, has identi- A detailed discussion of the ritual, and the symbolism of fied a potential site outside of the game farm. The process is, rebirth and renewal involved, is beyond the scope and theme however, hampered by a number of factors, including the of this paper. What is important to stress is the need for fact that the transfer of ownership from the previous farmer access to these sites within the landscape to ensure both the to Mr. Engelbrecht has yet to be successfully finalized. spiritual and social well-being of the people involved. Although access to the various sacred water and forest sites South Africa, unlike Australia, has no sacred site protec- within the game farm and burial rights have been success- tion laws to ensure access to and use of the various water, fully secured, the size of the allocated land is still under forest, and grassland sites. Many farmers are sensitive to discussion. Mr. Engelbrecht has agreed to give ownership of the need of the people to access the various identified sites on the land to the farm workers by giving individual title deeds their land. If timely requests are made, permission is usu- to household heads for their residential plot and establish- ally granted. In some cases, farm workers report setting ing communal grazing land for the stock. This will provide aside a piece of the slaughtered animal (when ritual sacrifice residential security for farm workers and their dependents, was involved) for the farmer and his family to secure good as well as a certain amount of security for Mr. Engelbrecht, relations between the two parties. It has been suggested by as it ensures the proximity of people with a vested interest some local African National Congress (current ruling gov- in the protection of his land. A number of the farm workers ernmental party) counselors that this system be encouraged have expressed their desire to leave the confines of the game to establish rapport between farm workers and game farm farm due to the restrictions and dangers (the eventual owners. Sharing the meat of a sacrificial animal is a strong introduction of predators and hunting) it imposes. Still symbolic gesture of social affiliation and respect. others have articulated their plans for the land in question The ecological ethic of many traditional cosmologies, as (grazing land for stock, as well as arable land for potato and mentioned above, ensures respect for the site and thereby mealie [corn] production). What remains to be investigated preservation of the landscape. The presence of the ancestors and finalized is the role of the government in terms of is in fact indicated by the presence of various animals and housing and agricultural assistance. birds associated with the water (otters, fish, birds), the forest (monkeys, mongoose), and the grassland (mongoose, hare) (Hirst 1990). By supporting these attitudes of respect Conclusions______for the landscape, pollution and degradation of such sites The situation faced by farm workers resident on land set may be avoided. Access to such sites is vital for the spiritual aside for game farming and trophy hunting is complex. well-being of farm workers and therefore cannot be avoided. Attempted farm worker evictions and the need for the Although landowners hold legitimate concerns of pollution performance of ritual, as well as the economic implications of sites, the promotion of and empathy for traditional ideolo- of the move to game farming for farm workers, have shown gies may well prevent this. the need for reconciliation between farm workers and land- owners, not least because of the security this would provide Potential Solutions landowners, considering the potentially volatile nature of land restitution issues in Southern Africa. to the Problem ______Values attached to the landscape by farm workers are due in part to their long residence in the area, as well as their The Extension of Security of Tenure Act is aimed at farm cosmological orientation that promotes ecologically sound workers on farms still under production or those left fallow. practices. The ineffectiveness of current legislation govern- It could subsequently be argued that game farming and the ing farm workers in South Africa demonstrates the need for land on which it is conducted require additional legislation. additional legislation as well as the need for landowners to Because of the restrictive nature of game farming in relation act in such a way as to secure the tenure of farm workers and to stock numbers, residential security, and access to sacred to assist in providing generally poor, uneducated, and unem- sites, current government initiatives to protect the rights of ployed people with sustainable livelihoods. farm workers are inadequate. A possible solution to the problem of a restriction to individual livelihoods, viewed as favorable by a number of References ______farm workers, is the allocation of land adjacent to or on the periphery of game and hunting zones. The purchasing of this Antrobus, G. G. 1984. South African farm wages and working condi- land, if not already held by the game farm, is potentially tions with special reference to the Albany District 1957–1977. facilitated through settlement offers made by the landown- Grahamstown, South Africa: Rhodes University. 320 p. Dissertation. Cocks, M.; Kingwell, R. A. 1998. Land and agrarian reform: transi- ers to the farm workers, and by ESTA grants afforded by the tion and continuity on former white-owned farmland in an Eastern Department of Land Affairs. Some landowners are exploring Cape locality. Grahamstown, South Africa: Rhodes University, this option and are seeking ways in which the farm workers Institute for Social and Economic Research Archives: 61–73.

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