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Labour tenants of Bushy Park Farm relocated successfully

- Lee-Anne Gaertner

CALS represents several families who faced eviction after their employment was terminated

Mr Sindisile Rodolo and his family have been moved to a new property following an attempted eviction by the owners of Bushy Park Farm in the Eastern Cape. The family were assisted in negotiations by the Centre for Applied Legal Studies.

In 2020, Mr Rodolo and three other occupier families approached the Centre for Applied Legal Studies (CALS) for legal advice and assistance after facing eviction. Mr Rodolo had been a labour tenant since his employment in 2003 on a dairy farm known as Bushy Park and his family lived with him in a cottage on the property. When the dairy farm started to struggle financially, Mr Rodolo’s employment was terminated, and he and his family were expected to leave their home. When the residents of the cottage failed to leave voluntarily, the owners of Bushy Park Farm instituted eviction proceedings against them.

CALS assisted the family to defend the eviction in terms of the Extension and Secure Tenure Act – otherwise known as ESTA. After entering into negotiations with the farm on behalf of the occupiers, in 2021, one of the families accepted a monetary settlement while Mr Rodolo and the remaining family rejected the farm owners’ initial offer on the basis that it did not provide long-term security of tenure for them and their families.

Following this, CALS successfully negotiated a settlement agreement with the owners of the farm on behalf of Mr Rodolo. Our clients agreed to vacate the cottage on the condition that they be relocated to a new property by the owners. Mr Rodolo took occupation of the new property on 17 July 2025. In terms of the agreement, the owners have undertaken to have the new property transferred and registered in Mr Rodolo’s name without any cost to him.

“Everyone in South Africa has the right to access adequate housing,” says Thuto Gabaphethe. “In fact, the Constitution specifically makes provision for communities whose land tenure is insecure as a result of past discriminatory laws or practices. This provision is given effect by the Extension and Secure Tenure Act and the Labour Tenants Act which protect the rights of people such as our clients to equitable redress. This includes secure land tenure and a home should they no longer be employed as labour tenants. This settlement agreement is a victory for our clients who will now enjoy security of tenure on their new property.”

Asked for a comment, Mrs Rodolo on behalf of the family said: “This case isuka kude from 2012 till now – ithi lonto basekhona abantu abasawalwelayo amalungelo abantu. Once this house transfer is in our names, we say victory is true and we will start to rejoice in our beautiful new home.”

Negotiations continue on behalf of the remaining family as well as for the transfer of the new home to the Rodolo’s name.

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