Page 77 - Litigating Land and Housing in South Africa: Lessons and Reflections

to to to to each farmer Stone moved on on on to to to to his five hectares in in in October 2002 The first Saturday after moving on on on on to to to to the the the the land Stone recalls the the the the small farmers farmers invited all all all the the the the the the big commercial farmers farmers in in in the the the the the the area to to to to to come and and meet with them to to to discuss how they might tap into 6 3 4 The LRC intervention
existing networks and shared resources Only one one farmer farmer farmer showed up Stone says To this day that farmer farmer farmer tries to to to help where he he he he can allowing the small farmers to to rent equipment for example They embarked on this journey with some excitement in 2003 Little did they know the the the the struggle that was ahead In many ways the the the the the the story story of of Peter Stone and the the the the the the other farmers on on Farm 502BH became the the the the the the story story of of land land reform in in South Africa First the the the the trust asked the the the the municipality as as as as landowners to apply for for funding from the the the the department of land land affairs or or DLA DLA as as as it it it was known then In July 2005 the the the the the the DLA DLA confirmed that it it it had the the the the the the funding the the the the the municipality needed to install the the the the the water infrastructure All it it it required was an application The municipality agreed to to formulate one but did not A A A year later the the the the the trust got the the the the the DLA to to to agree agree that it it it could put together the the the the the application on on behalf of the the the the the municipality Two years of inaction later it it transpired that a a a a a a a a a “turf war” between the the the municipality and the the the DLA over who could claim credit for the the the the project was holding things back As a a a a a a a university town the the the farmers were surrounded by resources in in goodwill that they could leverage The Sustainability Institute attached to the the Stellenbosch University and and a a a a a a a a a a local group of of of engineers intervened voluntarily on on behalf of of of the the the trust and and by by the the the end of of of 2009 the the the the the application was finally completed for approval approval by by the the the the the municipality But the the the the the item dealing with its approval approval was removed mysteriously from the the the the agenda of the the the the mayoral committee meeting and it it it it took another year for the the the the the municipality to to to submit the the the the the application at at the the the the the end of 2010 In the the the the meantime Stone continued farming with too too little little water on on on too too little little land But at at least he he was farming The LRC lawyers would meet the the the farmers in their abandoned and and and half-built pack shed (another mis- conceived governmental project) on on on on the the the the land every Thursday when they would discuss their issues Stone always hovered at at the the the the the the entrance to to to the the the the the the shed passionate about discussing ways ways to to to to get get the the the the the farmers out out of their quandary but but also impatient to to to to get get back to to to to the the the land He was always threatening to to to give up but but we all knew he he he he he wouldn’t – that’s not who he he he he he is is At the the time the the farmers had started raising funds where possible to put up tunnels taps and small sheds But with no means of keeping the the local tikkoppe [crystal methamphetamine addicts] off the the unsecured land everything was stolen as as soon as as it arrived Buyers were lining up to to to contract Stone the organic black farmer but with uncertain access to to to water and and no proof of of of security of of of tenure on the land he he could never commit Kobus Pienaar was right: as as a a a a a a a a a small farmer and and The The LRC assisted the the the the the the farmers to to to set up a a a a a a a a a a a a trust: five amongst them were were elected to to to serve as as as as trustees while they were were all beneficiaries The The The trust trust trust trust trust held the the the the the the the the the lease agreement and and the the the the the the the the the intention was for for the the the the the the the the the trust trust trust trust trust to to to to procure funding on on on behalf of of of the the the the the the the group engage with the the the the the the the Municipality and and manage the the the the the the the communal assets (for example a a a a a a a a a a a a a a a a a a a a a a a a a tractor) The The trust trust trust deed included a a a a a a a a a a a a a a a a a a a a a a a a a a a list of of of of agreed rules that would protect the the the the the the rights rights of of of of every farmer farmer but also created reciprocal obligations The most immediate need of of of the the the the the the farmers was access to to to sufficient water water rights rights on on on on the the the the the the land for vegetable farming and and and and a a a a a a a a a a a a a a a a a proper reticulation system to to to use the the the the the water water effectively Stone and and and and the the the the the others had skills knowledge and and and and experience but no capital LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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