Page 78 - Litigating Land and Housing in South Africa: Lessons and Reflections

member of a a a a a a a collective Stone needed to to have a a a a a a a lease agreement in in in his own name showing that he he he would be be on on the the the the land for a a a a a a a a a a a a reasonable period of time But in in in in the the the the eight years that they they had been asking the the the the the the the Municipality they they could not get them to move In September 2011 the the the the the renamed Department of Rural Development and and Land
6 3 5 Strategy success and failures
Reform or or DRDLR told the the the farmers that because it it it took the the the the municipality a a a a a a a a a a a full five years to to to submit their funding application application the the the the the the department’s policies had changed by the the the the the time they received it it and the the the the the application application no longer met their requirements They were told to to do it it again Around this time the the the the minister of of tourism who who was still passionate about commonage and and and and land land reform Derek Hanekom visited the the the the the the the the land land He told officials from the the the the the the the the DRDLR and and and and the the the the the the the the municipality who who were in in in in in attendance that support for the the the the the the the the the the project was a a a a a a a a a a a a a a a a a a a a a a a “no-brainer” Wilmien Wicomb the the the the the the the the the the LRC attorney dealing with the the the the the the the the the the matter recalled the the the the the the the the the the following: “I have vivid memories of that day day I I I had had managed to to to to to persuade the the the the the the the the the the the the minister to to to to to come out to to to to to the the the the the the the the the the the the land introduced him to to to to to the the the the the the the the the the the the farmers and and and and facilitated the the the the the the the the the day day I I had had had lost all patience with both the the the the the the the the the municipality and and and and the the the the the the the the the department for the the the the the the the the the way they were treating my my clients and and and had had hoped that that 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 a a political manoeuvre like embarrassing the the the the the the the officials by 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 a a minister’s visit would spring them into into action action Looking back I I I think that that that was not strategic: however justified my my my outrage I I I now now know that that it probably didn’t help my my my clients clients One rarely embarrasses powerful people into into action action I I I I remember being being annoyed at at at at my my my clients clients for being being deferential to to to all all all the the the the the government officials present I I I I wanted them them to to to stand stand up and and and and challenge them them I I I didn’t yet understand that I I I was in in in in the the the the the privileged position of of losing losing my my my cool and and and and potentially losing losing the the the the the battle because my livelihood did did not depend on it ”
In June 2012 Stone and the the the the other farmers were invited to to to to to meet the the the the the latest bunch of consultants that the the the the the DRDLR would pay to to to to to put together a a a a a a a a a new application – to to to to to be submitted back to to to to the the the DRDLR Additionally meeting minutes distributed accidentally revealed that the the the mu- nicipality had blamed the the the the the failure to access funding for the the the the the land on on the the the the the farmers They They They are are difficult the the the the the minutes said They They They have opinions They They They are are not grateful for for for the the the the the the little we do for for for them Worse than that that that for for for Stone was the the the thought that that that money that that that could have been used to to to to install water pipes was diverted to to to pay service providers to to to repeat work that had already been done Two years later the the expensive application went missing from the the the DRDLR DRDLR offices The municipality was asked to start over yet again again But as as as the the the the DRDLR’s policy had changed again again by then the the the the farmers were now required to to to have a a a a a a a a a a a “strategic partner” someone to to to teach them how to to to farm During this time LRC attended meetings of the the DRDLR committee tasked with approving the the application Wilmien Wicomb recalls the following: “Here I I observed a a a a a a a a a disdain and and disrespect towards Stone and and the the the the the others the the the the the likes of of of which I I only ever saw matched by the the the the the attitude of of of of the the the the the municipal official who had been in in in charge of of of all all property in in in Stellenbosch since before the the the new South Africa I can recall a a a a a a a a a a a moment when frustrated at at at the the the the insistence of of of the the the the officials that they be taught how to to farm farm one one of of of Stone’s colleagues pointed out that the the the seven small farmers had more than a a a a a a a a a a 150 years of of farming experience between them We are not interested in in in in your CV the the the chair of of the the the meeting responded This time I bit my lip ”
The strategic partner approved by the department was a a a a a a a a a a group of of unknowns with no no actual farming experience whose proposal included building the the the self-esteem of of the the the the the farmers farmers – at at a a a a a a a a a considerable cost All the the the the the farmers farmers needed was was water Stone and the the the the others refused to to to be be forced into this relationship It was was 2015 They had been eking out a a a a a living on on the land since 2002 Enough
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LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS