McCarthy Attorneys Inc

DRAFT LAND TENURE SECURITY BILL “2011”

IMPORTANT

A new Bill has been drafted specifically to deal with the rights of people who live and work on farms. It is very important that you read what has been proposed below as it will give you a very good idea of what the Governments intentions are.

CHAPTER 4
Rights of persons residing on Farms
SECTION 15
(a) right to own livestock and not be unreasonably restricted;
(b) right to grazing land for the livestock;
(c) right to crop;
(d) right to have reasonable access to pathways;
(e) right to build houses and homesteads;
(f) right to visit and be visited;
(g) right to bury members of the family on the farm;
(h) right of access to burial grounds and ancestral land;
(i) right to reasonably practise culture;
(j) right of access to clean water;
(k) right of access to electricity;
(l) right of access to development;
(m) right not to be denied or deprived of access to educational or health services;
(n) right to do commercial farming and access to skills;
(0) right to work in compliance with the Labour Relations Act, No 66 of 1995, the Basic
Whilst it is highly unlikely that the Bill will be approved and passed as an Act in its current format, it is important to note the intention to dramatically increase occupiers rights (occupiers being both employees and non-employees who have express or tacit permission to reside on ones farm). Of particular importance are the intentions to expand occupier’s rights with regard to inter alia livestock, grazing, cropping, building houses, burials and even the right to “do commercial farming” We strongly recommend that if you stand to be effected by this new bill that solutions be contemplated and addressed as soon as possible. This includes both on site and off site solutions.

Apart from the points raised above, McCarthy & Associates Attorneys assists clients with the following:

 

  • Black Economic Empowerment
  • Employment Equity
  • Skills Development
  • Land disputes (Extension of Security of Tenure Act)
  • Environmental disputes
  • Labour Tenant Claims (Land Act 3 of 1996)
  • Regional Land Claims
  • Employment contracts and other related contracts
  • Accommodation contracts and related issues
  • Disciplinary issues and procedures
  • Wage negotiations
  • CCMA disputes and Arbitrations

If you have any concerns or questions regarding any of the above labour or land issues,
contact us as follows:
Tel: (033) 266 6170
Fax: (033) 266 6175
Rob McCarthy: (083) 274 1232
E-mail: admin@mccarthylaw.co.za