A farmworker family has won a David and Goliath battle which prevents the farm owner from evicting them from a place they’ve called home for generations.

According to the Cape Times, the eviction bid against a husband and wife, their daughter who lives with a physical disability and two young children was heard on appeal in the Land Court, following a ruling by the Swellendam Magistrate’s Court.

All but the husband were born on the Barrydale farm.

The wife left her job in 1998 to care for their daughter and the husband’s employment on the farm ended in 2020 when he was dismissed.

The Swellendam Magistrate’s Court found that the family was not given a fair chance to respond before their right to stay on the farm was ended.

The magistrate said any talks that happened after the decision didn’t help the applicants, because the choice to evict the family had already been made.

Because of this, the eviction process was unfair.

Before the Land Court, Misty Cliffs Farm argued that the lower court made a mistake regarding the (father), claiming his right to live in the house was directly tied to his job.

The farm questioned whether he was entitled to a separate chance to argue why he should be allowed to stay, given that he had already received a fair disciplinary hearing before his employment was terminated.

Acting Land Court Judge Wilhelmina Elmien Jacoba du Plessis found Misty Cliffs Farm was required to not only rely on the absence of employment to terminate the residence of occupiers, but must also consider all relevant factors.

According to the Cape Times, these included the hardships each party will suffer and the period of occupation, especially if there would be a reasonable expectation of extending occupation.

In dismissing the appeal she ruled that ‘the purported termination of the respondents’ rights of residence was invalid.’ 

The Extension of Security of Tenure Act allows the termination of a farm person’s residence if their right to live on the farm was solely linked to their employment and that employment has come to an end.

‘(The husband) denies that he received the house as a result of employment, as he started his occupation before he was employed on the farm. He denies knowledge of the terms of the employment agreement and states that it is common practice at the farm for general workers to sign any documents that are presented to them by management. The documents were not explained in simple terms, and he was simply told to sign,’ court papers read.

Full Cape Times report