Considering the content of the complaint, the Commission was of the view that a site inspection to allow itself and each of the departments concerned to conduct a full assessment of the situation, considering their respective mandates was indicated. A site inspection was accordingly arranged for 13 October 2023 and the Commission accompanied by the DALRRD attended at the farm. The RHT was unable to attend the inspection due to a logistical challenge.
It was discovered that due to the recent heavy rain in the region access to these homes are now even more constrained. Residents now walk a distance of ±10km, to get to the road from where school children and workers are able to get transport to school and work. Access to the houses themselves was impossible due to the river running too deep following recent heavy rains in the Western Cape.

The Commission was taken to the site of the demolished bridge and satisfied itself as to the difficulties of access and confirmed its initial assessment that both the RHT and DALRRD are best placed to deal with matter in view of the alleged constructive eviction taking place, coupled with the issue of denial of access to water and electricity.

In response to the Commission’s enquiry the farm owner (whom the Commission had tried to have present at the inspection) alleges that the residents live on an adjacent farm, that they have been trespassing on his farm and that there have been incidents of theft of livestock. This was denied by one resident who managed to make the trek across the river at a lower point. The Complainants undertook to provide the Commission and DALRRD with a copy of a rental agreement with the farm owner. DALRRD has undertaken to investigate the issue of the ownership of the land on which the houses stand.

The Commission remains in contact with both Rental Housing Tribunal and the Department Agriculture, Land Reform and Rural Development and will monitor the matter to ensure that the resolution thereof remedies the alleged violation of attention to any residual issues.

Ends

For further information contact the SAHRC WCPO’s Mr Lwethu Yoli This email address is being protected from spambots. You need JavaScript enabled to view it. or Western Cape Provincial Manager, Ms. Zena Nair This email address is being protected from spambots. You need JavaScript enabled to view it.