Thursday, October 22, 2026
SUBSCRIBE
22 GLOBAL MEDIA AWARDS
Food For Mzansi
  • News
  • Changemakers
  • Lifestyle
  • Farmer’s Inside Track
  • Food for Thought
No Result
View All Result
  • News
  • Changemakers
  • Lifestyle
  • Farmer’s Inside Track
  • Food for Thought
No Result
View All Result
Food For Mzansi
No Result
View All Result
in News

Heatwave deaths: Are farmers liable?

It's a burning question that has raised its head while the country grapples with extremely hot conditions. After eight farmworkers succumbed to heatstroke, it's pretty divided out there about whether farmers should be held liable in such circumstances. Here's what some people in the know had to say

by Sinenhlanhla Mncwango
30th January 2023
Labour and agricultural law experts answer questions about farmer liabilities when it comes to employee injuries or death while on duty. Photo: Supplied/Unsplash

Labour and agricultural law experts answer questions about farmer liabilities when it comes to employee injuries or death while on duty. Photo: Supplied/Unsplash

Share on FacebookShare on TwitterShare on WhatsApp

The deaths of eight farmworkers who died of heatstroke while on duty have sparked fierce debate around the health and safety of farmworkers in South Africa where parts of the country have been gripped by heatwaves.

On Thursday, 19 January five farmworkers died at Kakamas Hospital in the Northern Cape after being exposed to extremely hot temperatures. Three more farmworkers have since died while working on at least three separate farms in the province.

While some argue for the farm owners to be held liable for negligence, others say farmers are not entirely liable for the death of a worker who has been exposed to scorching summer heat.

According to Katlego Ngwane, agricultural lawyer and owner of Katika Consulting, a Paarl-based legal consultancy firm, it is the farmer’s responsibility to protect the welfare of their employees. However, Ngwane says legally, farmers cannot really be held liable for the death of a worker if they have been exposed to too much heat.

“It’s [a matter of] common sense,” she says. “If it’s way too hot for you [as the farmer], then it is way too hot for someone else. We understand that harvesting cannot stop, but it shouldn’t happen to the detriment of other people.”

How farmers can better protect themselves

Founder and chief executive of Katika Consulting Katlego Ngwane. Photo: Supplied/ Katlego Ngwane
Founder and chief executive of Katika Consulting Katlego Ngwane. Photo: Supplied/ Katlego Ngwane

In South Africa, it is a law that in the event an employee is injured or killed during the course of their employment, they or their dependents may claim compensation within 12 months of the accident or date of death from the Workmen’s Compensation Commissioner.

According to HG.org, an online law information website, workman’s compensation governed by South Africa’s Compensation for Occupational Injuries and Diseases Act, prevents an employee, or their dependents from claiming compensation directly from an employer in the event the employee is injured or killed at work.

“The employee must claim the compensation from the compensation commissioner. An employee may, however, claim increased compensation if the injury is a result of the employer’s negligence,” HG.org states.

Registration with Compensation Fund is crucial

Occupational specialist Stephen Pieterse tells Food For Mzansi that it is important that agricultural companies register with the department of labour‘s Compensation Fund to cover their workers against accidents.

Pieterse explains that in the event of a work accident, the farmer is obligated to report the incident to the Compensation Fund as soon as possible. Once all the information has been gathered and the evidence points to a workplace accident, the fund compensates for all the liabilities.

However, Pieterse remarks, “It is not only the agricultural sector that gets work accidents. It’s also the food sector and that is why it is important that employers make use of the right legislature to help cover themselves and their workers.”

ALSO READ: Harvesting in the heat? Tips to protect your skin

Precautions to keep farmworkers safe

Jason Baartman, a Western Cape farmworker, says farmworkers are often pressured to perform at a higher level of productivity, despite extreme weather.  

“Sometimes managers put a lot of pressure on us as workers. In the heat, we can’t be as productive as any other day,” he says.

During lunch breaks, Baartman makes use of the available cold water to stay hydrated as he believes that hydration helps with productivity.

”If we get water in our bodies then we are ready to go on with work. But I think the department of agriculture must implement something to protect us and not lose any money for the day,” Baartman says.

Over the last two weeks, South Africa has been experiencing a heatwave that has had devastating impacts in certain parts of the country. Photo: Supplied/Unsplash
Over the last two weeks, South Africa has been experiencing heatwaves that have had devastating impacts in certain parts of the country. Photo: Supplied/Unsplash

Farmers must take necessary precautions

Meanwhile, AJ  Mthembu, president of the African Farmers Association of South Africa (Afasa) has urged farmers to take the necessary precautions to keep farmworkers safe during the heatwave.

“We urge all our farmers to take extra caution in ensuring that farmworkers are not subject to these extreme weather conditions,” Mthembu says.

He has asked farmers to come up with innovative ways of protecting their workers and making sure that they drink enough water and change shifts.

Meanwhile, Ngwane advises, “Given the fact that it is now harvest time and we have a heatwave, one of the ways I would suggest is that farmers change their business model and harvest at night, instead [of during] the day. I think that farmers need to become creative and innovative about how they deal with nature.”

Water and protective gear

Furthermore, farmers should have easy access to drinking water on their farms, and provide workers with protective gear, she adds.

“Farmers and workers need to be educated about how much water they need to consume, what the symptoms of a heatstroke are, so that they can know how to react. The farmer needs to put measures in place that works against heatwaves,” Ngwane states.

Pieterse urges farmers to be more aware of the health conditions of their employees and detect possible underlying conditions. “Farmers can make use of nurses that assist the workers through consultations about any kind of health issue.”

He advises farmers to put up visible signs to remind workers to stay hydrated and wear their protective gear.

ALSO READ: ICYMI: ‘Let’s prioritise the health of farmworkers’

Sign up for Mzansi Today: Your daily take on the news and happenings from the agriculture value chain.

Sinenhlanhla Mncwango

Sinenhlanhla Mncwango is from a small town in KZN. She is a Journalism Honours graduate from the University of Johannesburg and has experience in online news, sports journalism and radio. She enjoys a good game of cricket and hockey and is interested in learning different languages.

Tags: heatstrokeheatwavesKakamas
Becoming bankable: How to get your farm ready for finance
Farmer's Inside Track

Becoming bankable: How to get your farm ready for finance

by Patricia Tembo
20th October 2026

Incomplete applications, mixed personal expenses, and poor record-keeping frequently block farmers from securing capital. Experts share practical, essential steps every...

Read moreDetails

Fixing SA’s agricultural visa system to protect seasonal harvests

20th October 2026
‘Beware the dangers of illegal foot-and-mouth vaccines’

SA and Namibia reevaluate livestock trade after FMD outbreak

20th October 2026
Agda conference to tackle finance, market access and agri growth

Agda conference to tackle finance, market access and agri growth

19th October 2026

Reluctant farmer scales EC cabbage enterprise to supply Spar

19th October 2026

How animal welfare and human rights shape food security

Reclaiming the kraal: Cultural heritage sparks a farming dream

Becoming bankable: How to get your farm ready for finance

Godongwana unveils fuel relief and R10 billion El Niño buffer

Stop the rot: Four steps to slash post-harvest losses

Join Food For Mzansi's WhatsApp channel for the latest updates!

JOIN NOW!
Next Post
'Growing crops is my therapy', says KZN farmer

Growing crops is KZN farmer's therapy

THE NEW FACE OF SOUTH AFRICAN AGRICULTURE

With 21 global awards in the first six years of its existence, Food For Mzansi is much more than an agriculture publication. It is a movement, unashamedly saluting the unsung heroes of South African agriculture. We believe in the power of agriculture to promote nation building and social cohesion by telling stories that are often overlooked by broader society.

Why simple farm records beat complex systems

Crowdfunding breathes new life into neglected Limpopo citrus farm

Mogogelo farmers receive packhouse and cold storage facilities

Godongwana unveils fuel relief and R10 billion El Niño buffer

Smart irrigation: Precision tools boost crop yields while cutting costs

By-laws vs. livelihoods: Barriers facing WC smallholder farmers

  • Awards & Global Impact
  • Our Story
  • Contact Us
  • Cookie Policy
  • Privacy Policy
  • Copyright

Contact us
Office: +27 21 879 1824
News: info@foodformzansi.co.za
Advertising: sales@foodformzansi.co.za

Contact us
Office: +27 21 879 1824
News: info@foodformzansi.co.za
Advertising: sales@foodformzansi.co.za

  • Awards & Global Impact
  • Our Story
  • Contact Us
  • Cookie Policy
  • Privacy Policy
  • Copyright

Chat Options

About this assistant

This feature generates automated answers summarised from Food For Mzansi articles. By using it, you are interacting with an AI system (provided by Google), not a human. AI can make mistakes. Please refer to the source articles for verification and citation purposes.

Our staff do not check or moderate Lerato’s answers in advance, but may review some later. Our journalists continue to write and edit all the articles Lerato uses as sources.

To estimate unique and returning web users, we store a random browser ID in this browser. WhatsApp users are counted by phone number. The same person using both channels may be counted twice.

I'm Lerato, your AI assistant!
No Result
View All Result
  • News
  • Changemakers
  • Lifestyle
  • Farmer’s Inside Track
  • Food for Thought

Copyright © 2026 Food for Mzansi