I was arrested on October 9, 2005, while I was working on the farm.
I’m a tractor driver. They accused us of poaching wild animals on the
owner’s game farm. We denied. In the car driven by the white farmer,
we were taken to the security company car. They took us to the bush.
At the bush, we were instructed to get the snares from the bush. There
we were brutally assaulted with batons. Late at night, around 7 p.m.,
they took us to Musina to their private-like jail. We slept there. Next
day we were taken to the farm. That morning they assaulted us. Again
we were being forced to point to snares. They start taking statements
without asking us anything. They take us to the owner. Then to Musina
in the bush. We were kept there. We were not given any food, no
water. Around 3 p.m. we were taken to the police station. We were
locked into the police cells. On the third day, we went to court. The
case was remanded [on two occasions]. On March 15 the case was
withdrawn for lack of evidence. I want to take civil action against the
security officials.160
The Nkuzi Development Association’s lawyer who represented the man said the police
wanted to deport the two Zimbabweans (one has since died) but they could not because
they had permits.161
Housing and living conditions
In the apartheid era, white commercial farmers received state subsidies to build workers’
housing. Since that time, provisions in the Sectoral Determination for farm workers
have discouraged employers from building worker housing. Farmers told Human Rights
Watch that in the Sectoral Determination the prevailing maximum deduction allowed for
accommodation—10 percent of a worker’s wages if an individual worker occupies the
house and a lower percentage deduction for each worker when a house is shared—and
the high prescribed standards (see above) give them no incentive to provide housing for
farm workers.162
Section 26(1) of the constitution states: “Everyone has the right to have access to
adequate housing.” Section 26(2) says: “The state must take reasonable legislative and
other measures, within its available resources, to achieve the progressive realisation of
this right.” The Constitutional Court in its 2000 ruling directed the government to take
160
Human Rights Watch interview with a Zimbabwean farm worker, Tshipise, April 22, 2006.
Human Rights Watch interview with lawyer Shirhami Shirinda, Nkuzi Development Association, Tshipise
farm, April 22, 2006.
162
Section 8(3) of the Sectoral Determination specifies the prescribed standards of housing, and sections
8(1)(b), 8(5), and 8(6) govern maximum deductions for accommodation.
161
45
HUMAN RIGHTS WATCH VOLUME 18. NO. 6(A)
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