Farmers who had occupied government-owned farms since 2019 have filed an application for leave to appeal against a court order barring them from occupying the farms. Stock photo.The judge who ordered the removal of farmers who had occupied government farms in the North West since 2019 misapplied himself when he made findings not supported by any evidence presented before court.
This allegation is contained in the application by five of the 21 occupiers for leave to appeal against an order of the high court in Mahikeng on July 12. The five seek to appeal against an order made by judge Samkelo Gura that interdicted them from occupying the farms. Gura also ordered that the farmers remove their livestock from the farms, worth more than R50m, within two weeks of the date of the order.
The government had purchased the farms from existing commercial farmers, with the aim of redistributing them to qualifying emerging farmers in the province. This was supposed to happen in August 2019. However, the presence of the people who occupied the state farms during 2019 made it impossible for the department of agriculture, land reform and rural development to give undisturbed possession of the farms to the successful beneficiaries.
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