A consortium of emerging farmers whose cattle had been impounded and illegally held by a neighbour in the Northern Cape, got their animals back after intervention by a local farmers’ association. The four women, however, are R9 000 out of pocket with no money or time to take legal action.
The women, from Jan Kempdorp, found themselves at the centre of controversy when 25 of their livestock wandered onto a neighbouring farmer’s land in August. The farmer impounded the animals and initially refused to release them.
The women then sought assistance from the Saam Werk Saam Trek Farmers’ Association (SSFA). SSFA one of several regional agri organisations to coordinate their efforts in recent years on issues like stock theft, farm murders and emergency response.
“The organisation was formed to address the concerns of farmers, to harmonise the relationship between stakeholders, and to empower farmers to conduct their business production optimally,” says Sehularo Sehularo, founder of SSFA.
‘The issue has divided and inflamed the community’
Although SSFA was being involved for the first time, Sehularo says allegations were made against the farmer in question of previous impoundments, shooting of wandering animals and racism and sexism towards emerging black women farmers in the area. The situation escalated to where members of the community resolved to visit the farm to “take action” but SSFA brokered the release of the animals before an event.
The organisation first tried to get the Northern Cape department of agriculture, environmental affairs, rural development and land reform to intervene but were sent from pillar to post.
“Despite continuous requests, there has been no response from the department of agriculture nor the MEC’s office since the incident took place and the issue has divided and inflamed the community. SSFA therefore had to carry out an intervention which resulted in the animals being released following the payment of a R9 000 fine to the farmer, even though no damage was incurred due to the trespassing,” says Sehularo.
“As much as we understand that the young female farmers could have done better to avoid their livestock to go wild in the area, it is simply unacceptable for the farmer to impound the livestock. They have wronged the farmer; however, this situation could be avoided to explode further.
“This kind of behaviour does not build better working relations but rather fuels racial attacks from the community.”
According to Seluharo, no legal action was taken by the four women due to time and cost constraints.
What does the law say?
Katlego Ngwane, known as “The Legal Boeremeisie”, is a lawyer at Katika Consultancy with offices in Paarl in the Western Cape and Johannesburg.
She explains that bylaws put the farmer well within his rights to impound animals trespassing on his land. He was, however, not permitted to keep the animals on his property.
“The livestock are meant to be delivered to a government-run pound. The pound must then notify the owners of the whereabouts of their animals and the owners need to collect these animals and pay whatever penalties have been incurred,” explains Ngwane.
She adds that the farmer has the right to claim damages if the animals have caused him to suffer losses, but that he needs to follow the correct legal processes and cannot take the law into his own hands.
ALSO READ: Agriculture could be game changer for N. Cape youth
Sign up for Mzansi Today: Your daily take on the news and happenings from the agriculture value chain.
