Gauteng Smallholder March 2017 | Page 24

LAND RIGHTS

Land ownership ( and occupation ) in SA

In 2017 land issues remain as contentious in South Africa as they ever have , with Pres Zuma urging South Africans in his sonorous State of the Nation Address to “ stay on the land ”. Meanwhile , activists argue that the pace of land reform is slow and biased , while legal experts are scratching their heads about how some proposed reforms would be implemented . In 2014 , the Dept of Rural

You can ! t , as a landowner , kick difficult or non-paying tenants or fired workers off your land willy-nilly . Know your rights
Development & Land Reform announced plans to redistribute 50 % of commercial farmland to farmworkers as a way of redressing past injustices . The announcement ~ seen by some as a political game to fend off the Economic Freedom Fighters and its call for expropriation
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of land without compensation ~ proved to be illogical and impracticable . Meanwhile , the government is said to be pumping millions of rand into failing farms for the transfer of business shares to a relatively small number of farmworkers and farm dwellers , with the biggest
benefit seeming to remain with the white landowners . In the meantime smallholders , be they landowners or tenants should be sure of their rights . Many smallholders have tenants living on their property and it is wise to be aware of the status of each of the parties in such a situation . ❑ A lawful occupier is a person who resides on land with the permission of the owner of the land . This consent does not have to be expressed ( in writing or orally ) but may also be given tacitly . ❑ If you give your worker accommodation he / she is a lawful occupier . ❑ If you rent out rooms or cottages , the tenants are lawful occupiers as long as they pay rent . ❑ If you as the owner are aware that someone has moved on to your land and you make no effort to evict them , you have given tacit consent through your
Continued on page 23

KICKBACK

From page 21
Of course , one can mitigate against the effect of kickback in a number of ways . Firstly , never allow the nose of the cutting bar to do the cutting , rather ensure that only the top or bottom edges of the cutting bar engage the wood . Secondly never work with the saw higher than waist height . That way a severe kickback will only result in a severe arm injury , severe leg injury or contact with your torso . In the case of the latter two contacts at any rate damage should be prevented if you are wearing approved safety clothing . Thirdly , never use a chainsaw with only one hand . Always ~ consciously ~ have a firm grip on the saw with both hands .