Farmer probed over alleged ‘inhumane’ living conditions of workers

The Wine and Agricultural Ethical Trading Association (WIETA) says it is investigating whether a Cape Winelands farm violated housing and tenure and occupational health safety standards following concerns raised about the living conditions of farm workers. Picture: Tracey Adams/IOL

The Wine and Agricultural Ethical Trading Association (WIETA) says it is investigating whether a Cape Winelands farm violated housing and tenure and occupational health safety standards following concerns raised about the living conditions of farm workers. Picture: Tracey Adams/IOL

Published Nov 22, 2023

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The Wine and Agricultural Ethical Trading Association (WIETA) says it is investigating whether a Cape Winelands farm violated housing and tenure and occupational health safety standards following concerns raised about the living conditions of farm workers.

This after farm worker rights organisations expressed concern with what they said was the “inhumane” eviction of a family from Ongegund farm, describing it as reminiscent of apartheid-style forced removals.

The WIETA, of which Ongegund is a member, said they were investigating the matter to ascertain whether the performance areas of housing and tenure and occupational health and safety within the WIETA standard have been violated.

Its chief executive Linda Lipparoni said WIETA members were audited in an audit frequency cycle commensurate with the outcome of their audit findings.

“Beyond the audit obligation, WIETA also has an Incidents and Violations Reporting Protocol, which allows for any stakeholder to report a possible transgression of the WIETA Standard at any time between audit cycles.

“Complaints are investigated, and where a WIETA member is found to be in violation of the WIETA Standard, the member would be required to develop a remedial plan which addresses the specific violation and puts a remedy in place.

The implementation of remedy is then closely monitored. Failure to comply with any agreed remedial action can result in certification being suspended.

“The site’s next independent third-party audit against the WIETA Standard is due before 6 January 2024.”

Father of two, Jan Mathinus, said he found his belongings including broken beds, cupboards, his clothes and Tupperware dumped on the side of the roadway on the R45 between Paarl and Malmesbury on Thursday.

He was evicted by the Sheriff of the court in Wellington following an eviction order granted to farm owner, Gerhardus Visser, by the Land Claims court in Randburg in March this year.

The court found all of the requirements of the Extension of Security of Tenure Act No 62 of 1997 had been complied with.

Lawyers for Visser referred the Cape Times to the court order.

Mathinus and his family continued to live on the farm by virtue of consent since their dismissal in 2013, according to the March 2023 court ruling.

“The first and second respondents are currently employed elsewhere. The third respondent is unemployed and the minor children attend school in the area. An offer by the respondents to pay rent has been rejected by the appellants.

The appellants contend that the relationship between them and the respondents has broken down irretrievably. This is not disputed by the respondents.”

In its decision, the court remarked.

“In view of all of the above the requirements specified at sec 9(2) read with section 8(1) of ESTA have been complied with and an order for the eviction of the second to fourth respondents ought to have been granted by the Court a quo. This being so the appeal succeeds. I intend granting the respondents a period of six months within which to vacate the farm and to vary the eviction order of the first respondent likewise. The conditional order for the latter’s eviction, upon housing being available, is in essence akin to no order, and Mr Magona for the respondents did not contend otherwise.”

Cape Times