Thandiswa Nketyana –  Paralegal Coordinator,
Department of Social Responsibility Paralegal Justice Programme

Education of employees and sometimes employers about their rights and responsibilities plays a major role in the decline of Labour Related complaints. A handful of UIF claimants who were signing for their benefits since December 2005 had since received their monies in February 2006.  Since Kei Road is surrounded by farm areas, there have been a number of people staying in farms because they work there.  It is sometime not made clear to them that their stay is dependant on them working on that farm.  Should employment be terminated, their right of residence ceases but a farm-owner should give the family 1 month’s notice to vacate the farm and must do that with a court order according to Section 39 of the Extension of Security of Tenure Act (ESTA).  Farm employees often think that they have a right to stay on the farm indefinitely and on the other side employers think that they can evict someone without 1 month’s notice and a court order.  

There are two cases of farm evictions reported that were not conducted according to the procedures of the Extension of Security of Tenure Act (ESTA) but were subsequently resolved after explaining ESTA to both employers and employees.  Employers now occasionally call the office when contemplating eviction and termination of employment for farm dwellers.

A total number of 76 labour related cases were reported to the office.  UIF submissions and claims are still on the high.  The Dept. of Labour is visiting Kei Road twice every month and the officials come from Mdantsane not King William’s Town, as it was the case before.  The delivery of services and response on cases has improved tremendously, credit to the change of Service Office.