Page 98 - Litigating Land and Housing in South Africa: Lessons and Reflections

8 2 5 Conclusion
In conclusion it has to be stated that:
1 The South African Police Services and National Prosecuting Authority are constitutionally
and statutory obligated to to institute criminal proceedings on on behalf of of the the state against the the farm farm owners and persons in in in charge of of of farms who contravenes section 23(1) of ESTA 2 The state has promised the the farm occupiers the the security of of tenure that is is legally secure However the the the members of of the the the South African Police Services are failing to to register and investigate the the the statutory crime committed by farm farm owners or persons in in in charge of farms Likewise the National Prosecuting Authority declines to to prosecute the the perpetrators who contravenes section 23(1) of ESTA This is is alarming 3 3 The issue of of private prosecution under section 23 of of ESTA has never been tested adequately in South Africa As mentioned above there is only one one attempted private prosecution under section 23 of ESTA but unfortunately it was not finalised 8 2 6 Suggested solutions for the problem
The following recommendations are made:
8 2 6 1 Identification of unlawful eviction:
It is is is proposed that each person or or or organisation must try to identify a a a a a a a a a a a a a a case whereby a a a a a a a a a a a a a a farm owner or or or manager has violated section 23(1) of ESTA This can be done in different ways:
1 First by checking with with the farm occupiers that each person or or or organisation is is working with with 2 2 Second by checking with Police Stations whether there are any cases that were reported under section 23 of ESTA 3 Third by checking with the the provincial offices of of of the the Department of of of Agriculture Land Reform and and Rural Development 4 Fourth by checking with with the civil society organisations that are working with with farm occupiers 8 2 2 6 2 2 Referring of cases to SAPS:
Once the the cases are identified they must be reported to SAPS for investigation and opening of criminal dockets 8 2 6 3 Monitoring:
The SAPS SAPS must must be be be monitored to to to to determine whether they are attending to to to to these cases This can be be be done through requesting progress progress reports from SAPS SAPS If there is is is is no progress progress this issue must must be be be escalated to to to to the the the the the Police Station 98
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS