When South Africa transitioned from apartheid to the new political dispensation in 1994, there was high optimism about a better life for all. Indeed, there is evidence of pockets of improvement in different aspects of life.
When the new Constitution was crafted, it stated that “it enshrines the rights of all people of our country and affirms the democratic values of human dignity, equality and freedom”.
Amongst the rights envisioned by the Constitution was the right to life. Chapter 2 Section 11 states that “everyone has the right to life”.
While these constitutional rights are there and apply to everyone in theory, to farmworkers these rights remain a pipe dream and a far-fetched reality. Their rights are violated daily without recourse. Ironically, even on election day some of them are forced by their bosses to work thereby forfeiting their right to vote.
Between elections, many South Africans across all walks of life enjoy their rights. They move around freely, attend gatherings of various sorts, such as religious and political gatherings, and invoke their freedom of association, privacy, etc. This does not happen with many farmworkers.
Recently, two farmworkers (Maria Makgato and Locadia Ndlovu) were shot dead by white farmers in Polokwane in the Limpopo Province. To make matters worse, they had their bodies fed to pigs. This was the worst kind of brutality and violation of human rights.
Before this incident, there was a report of white farmers in Mpumalanga Province who forced a black man into a coffin and threatened to bury him alive.
Other cases were those of white farmers who shot at black farmworkers and claimed that they mistook them for monkeys. Another farmer claimed that he shot at a black farmworker because he though he was a hippo. This was a disgrace and a sign that the white farmer either had an eyesight problem or was simply pushing his racist agenda.
What is intriguing is that there are organisations like Afriforum and the Freedom Front Plus (FF+) who claim to represent minorities regardless of their racial identity, gender, or age.
However, when black farmworkers are subjected to the kinds of treatment outlined above, these organisations are nowhere to be seen. It is as if they are in a coma. They only wake up from their slumber when white people are the victims of black people in one form or another. This amounts to hypocrisy.
The fact that thirty years into our democracy, white farmers continue to act with impunity is a disgrace. In a way, it is an indictment on our politicians whose job is to protect those who elect them to office. Their decision to look the other way when the rights of farmworkers are being violated amounts to dereliction of duty.
Even our courts operate in a questionable manner. Cases which involve farm workers are not taken seriously in the same manner that those involving white farmers as victims are. Such is an indictment not only on the farm owners who are the main perpetrators.
The same accusation also goes to the entire justice system. Sadly, these are the people who are expected to uphold the law and implement the dictates of the Constitution.
Apart from the Constitution, South Africa has clear labour laws. These laws prescribe how works should be treated. Working hours, working conditions, and wages are prescribed by these laws. However, when farm owners decide not to implement these laws no punitive action is taken.
Once farmworkers strike or become violent, state institutions such as the police are quick to act as soon as they receive a call from the farm owner.
This situation invokes George Orwell’s novel entitled “Animal Farm”. This novel states that “All animals are equal but some are more equal than others”.
In the context of this discussion, whereas the Constitution states that everyone is equal before the law, the same does not seem to apply to farmworkers. They are yet to enjoy the fruits of democracy three decades down the line.
The key question becomes: what should be done to reverse the current situation? Surely, there is no single answer to this question.
Similarly, agency cannot be confined to one stakeholder, nor can it be confined to either government or the private sector. For this scourge to be uprooted, we need everyone to come on board.
Farmworkers must report these incidents. Before they do this, they must be capacitated so that they know where to go when reporting their cases.
The police must be reminded about their oath of office. If they only consider cases opened by farm owners but ignore those opened by farmworkers, there should be serious consequences. The justice system must have teeth and bite those who are the culprits.
Farm owners must be educated about their responsibility to uphold the country’s laws and to refrain from violating the Constitution. When they fail to do so, the entire justice system must act decisively against them.
Workers’ unions must refrain from focusing all their attention to urban areas while neglecting farm workers. They must visit various farms to hear the plight of farmworkers and take the necessary prevention measures. Visiting these farms after the crime has been committed and after human lives have already been lost will not serve any purpose.
The few farm owners who abide by the law and treat their workers well must do two things. Firstly, they must ostracise their fellow farm owners who violate farm workers’ and farm dwellers’ rights. Secondly, they must report cases of the violation of farmworkers’ rights to relevant authorities.
Traditional and religious leaders, and cultural experts must visit farms to educate farm owners about cultural and religious rights and belief systems. This would prevent instances whereby graves are disrespected or evicted farm dwellers being denied the right to visit family graves.
This is one issue which Cyril Ramaphosa’s multiparty coalition government must contend with.
* Prof Bheki Mngomezulu is Director of the Centre for the Advancement of Non-Racialism and Democracy (CANRAD) at the Nelson Mandela University.
** The views expressed in this article do not necessarily reflect the views of IOL or Independent Media