Page 17 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL ‘The baas exacted from him him the services of of himself his his wife and his his oxen for wages of of 30 shilling a a a a a a a a month whereas Kgobadi had been making £100 a a a a a a a a year besides retaining the services of his wife and of his cattle for himself When he he he he refused the the extortionate terms the the baas retaliated [by requiring] him him to betake himself from the the farm by sunset of the the same day failing which his stock would be seized and and and impounded and and and himself handed over to to the authorities for trespassing on the farm ’ 25”
43 The LTA was enacted both to to to protect labour tenants’ existing rights 26 and to to to afford them the the opportunity to to to gain real rights in in the the land they occupied 27
44 Section 16 of the the the LTA28 allowed labour tenants to to to to apply to to to to the the the Director-General to to to to recognise their rights in the the the the the the land they occupy If there is is is a a a a a a a dispute about whether or not the the the the the the person is is is a a a a a a a labour tenant the the the the the the matter must be referred to to to an an an arbitrator or or to to to the the the Land Claims Court Court 29 If the the the Court Court determines that the the the applicant is a a a a a a a a a a a a a labour tenant it must then determine what award award to to make to to the the the applicant That can can include the the the award award of ownership of the the the the the land or or or servitudes to to either the the the the the labour labour tenant or or or the the the the the owner owner or or or compensation to to the the the the the labour labour tenant instead of of an an an award of of rights in in land 30 45 The LTA was passed by Parliament on on 12 March March 1996 1996 and came into force on on 22 March March 1996 1996 According to to its long title the the purpose of of of the the Act is to “provide for security of of of tenure of of of labour tenants and those persons occupying or or using land as as a a a a a a a a a result of their association with labour tenants [and] to provide for the the acquisition of land land and and and rights in land land by labour tenants” 46 The preamble of of the the LTA recognizes that labour tenancy “is the the result of of racially discriminatory laws and practices which have led to to to the systematic breach of of human rights and and denial of of access to to to land” According to to to the the preamble “it is desirable to ensure the the adequate protection of labour tenants who who are persons who who were disadvantaged by unfair discrimination in in order to promote their full and equal enjoyment of human rights and freedoms” 25 Plaatje above n n n n n n n n n n n n n 19 at at at at at 72 I I I must make the the the the the the observation that that “baas” (Afrikaans for “boss”) had had little to to to do do with with being the the the the the the boss boss of of of the the the the the the African person concerned It had had more to to to to do do with with white white white supremacy In the the the the the the the the the the South Africa Africa Africa of of of of of that that time all grown white white white men who who subscribed to to to to the the the the the the the the the the notion of of of of of white white white superiority regarded themselves as as as as as as as as the the the the the the the the baas baas baas of of of of every every African African regardless of of of of whether they were employed or or or or or not not or or or or or who who their their employer was was And And each each expected to to to to be be addressed as as as as as as as as baas baas baas by every every African African African he he he he he he he he he encountered And And it it it it was was was required to to address address their their little little sons as as as as as as as as as “klein baas” (Afrikaans for “little boss”) Likewise in in in in her her mind each each grown white woman of of that ilk was was the the “madam” of of all Africans (original footnote) 26 Labour Tenants Act Chapter II 27
Labour Tenants Act Chapter III 28 Labour Tenants Act targets labour tenants some of of of of the the the the the the most vulnerable people in in in South Africa It protects them them from unlawful evictions and and and and and allows them them to to to apply to to to to the the the the the the the the Director-General of of of of of of Rural Development and and and and and and and Land Reform for for for for rights rights over the the the the the the the the land land that that they occupy including ownership A A A number of of of of of of Thousands of of of of of of labour tenants took up up that that invitation and and and and and made applications for for for for rights rights in in in in their land land before the the the the the cut-off date of of of 31 March 2001
29 Labour Tenants Act s s 17 (6) and 18
30 Labour Labour Tenants Tenants Act Act s s s s s s s s s s s s s s s s s s s s 22(4)(b) (c) and and (f) Associate is defined fin in in in in in section section section 1 1 of of of of of the the Labour Labour Tenants Tenants Act Act as as as as “a family member of of of of of a a a a a a a a a a a a a a a a a a a a a a labour labour tenant tenant and and any other person who who has has been been nominated nominated fin in in in in in in terms terms of of of of of section section section 3 (4) (4) as as as as a a a a a a a a a a a a a a a a a a a a a a a a successor of of of of of such labour labour labour tenant tenant or or or who who has has been been nominated nominated fin in in in in in in terms terms of of of of of section section section 4 4 4 (1) to provide labour in his or her stead ”
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