WESTERN CAPE DIVISION (CAPE TOWN)

CASE NO.:
In the matter between:

JOHANNES BEUKES First Applicant

HEROLD FORTUIN Second Applicant

and
MINISTER FOR AGRICULTURE LAND First Respondent
REFORM AND RURAL DEVELOPMENT

CHIEF DIRECTOR: WESTERN CAPE Second Respondent

PROVINCIAL SHARED SERVICE CENTRE

DEPUTY DIRECTOR GENERAL FOR Third Respondent

AGRICULTURE LAND REFORM AND
RURAL DEVELOPMENT

LUCY JAMES Fourth Respondent

FOUNDING AFFIDAVIT

I, the undersigned,

JOHANNES BEUKES

hereby make oath and state:

1. I am an adult male sheep farmer and land reform beneficiary residing on

Dassiesfontein Farm, Beaufort West.

2. Save to the extent that the context indicates otherwise, the facts deposed to

herein are within my personal knowledge. To the best of my knowledge and

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belief they are true and correct. Some of the averments I make herein deal

with matters of law. To the extent that I do this, I rely on the legal advice of

legal representatives.

3. The confirmatory affidavit of the second applicant is attached to this affidavit.

THE PARTIES

Applicants

4. The second applicant is HEROLD FORTUIN, a sheep farmer. He is 55 years

old. He currently resides at 7 Bos Street, Nelspoort.

5. Mr Herold Fortuin and I are the sons of farmworkers, who used to work on

farms in the Central Karoo. More than 15 years ago, we applied for access to

land through the State’s land redistribution project. After waiting for many

years, we were finally awarded land in 2017. Since about November 2017, we

have successfully farmed on Dassiesfontein Farm.

Respondents

6. The first respondent is the MINISTER OF AGRICULTURE, LAND REFORM

AND RURAL DEVELOPMENT, cited in her capacity as the minister

responsible for administering the Land Reform Act and the executive authority

of the Department of Agriculture, Land Reform and Rural Development (“the

Department”), care of the State Attorney, 4th Floor, 22 Long Street, Cape

Town.
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7. The second respondent is the CHIEF DIRECTOR: WESTERN CAPE

PROVINCIAL SHARED SERVICE CENTRE (“CHIEF DIRECTOR”) cited in

his capacity as the delegated authority for the allocation of land in the Western

Cape. Service of this application will be effected at the Provincial Office:

Western Cape of the Department on the 1st Floor, 14 Long Street, Cape Town.

8. The third respondent is the DEPUTY DIRECTOR GENERAL FOR

AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT (“DDG”):

LAND REDISTRIBUTION AND TENURE REFORM cited in his capacity as

the delegated authority in the Department for the approval of land allocations.

Service of this application will be effected at Agriculture Place, 20 Steve Biko

Street, Arcadia, Pretoria.

9. The fourth respondent is LUCY JAMES, an adult female, currently residing at

34 High Street, Beaufort West. Her further particulars are unknown to the

applicants.

THE BACKGROUND TO THIS APPLICATION

10. In 2017, me and the second applicant were beneficiaries of a government land

redistribution project on Dassiesfontein, when the farm was allocated to us for

farming. The letter confirming this allocation is attached as JB1.

11. We currently have just over 1900 sheep on the farm, and we also keep some

donkeys on the farm. The farming operations have been very successful. In

2023, we received the top price for wool as well as the highest average in the
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Beaufort West region. I attach a letter from our wool agents BKB (JB2) which

confirms this award.

12. The farm is operating as a fully functional sheep and wool farm and is our sole

livelihood. Between 21 November 2017 and 24 February 2024, we were in

undisturbed possession of Dassiesfontein. We conducted our farming

operations on the farm without any disturbance or interference by the

respondents.

MS JAMES MOVES ONTO DASSIESFONTEIN

13. On 24 February 2024, I drove to Beaufort West to attend to some work in

town. I left Mr Jan Arries, one of my employees, on the farm. The following

events were relayed to me by Mr Arries when I returned to the farm on 25

February 2024. A confirmatory affidavit by Mr Arries is attached to this

affidavit.

14. Mr Arries said that on the morning of 25 February 2024, a bakkie arrived at my

house on Dassiesfontein. The bakkie belonged to Mr Siya Makwena. He is an

official from the Department that works in the Beaufort West local office. Mr

Makwena was driving the bakkie, and Ms James was also in the bakkie. There

seemed to be some household goods on the back of the bakkie, including a

cupboard and a bed.

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15. Upon their arrival, they asked Mr Arries for the keys to Dassiesfontein and the

main house. Mr Arries did not know where the key was as I kept the keys with

me. He told them he did not know anything about the key. Mr Makwena then

told Mr Arries that Ms James was moving onto Dassiesfontein. Mr Arries said

that they consequently proceeded to cut the locks to the farm gate and the

farmhouse and moved Ms James’ belongings into the house.

16. On the morning of 26 February 2024, I arrived at the farm, but could not

access it as the locks had been changed. The lock I had put on the gate was

missing and had been replaced by another set of locks I did not recognise and

for which I had no key. I attach a photograph of this lock as JB3.

17. I was very shocked by this. All our sheep, as well as our donkeys were still on

the farm, and we were not able to access them. They require our care, and we

need to make sure that they have access to water and food.

18. Herold and I immediately went to the Department’s local office in Beaufort

West. We ran into Mr Makwena and told him what had happened.

19. Mr Makwena advised us that the Department had decided to place Ms James

on the farm and that we would no longer be allowed to farm there. I asked him

when this decision was taken, and he said it had nothing to do with us and

was “Departmental business”.

20. I immediately contacted our attorneys and informed them of the situation.
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21. On 26 February 2024, our attorneys wrote to the Minister, as well as the

Department’s local office in Beaufort West, and informed them of the

developments on the farm. The letter is annexure JB4. Our attorneys pointed

out that our peaceful possession of Dassiesfontein has been disturbed. Our

attorneys also informed the department and the Minister that the matter needs

to be addressed urgently as we had donkeys and sheep on the farm that

required our care. They advised the department that the lives of all our sheep

as well as our donkeys were being threatened by the department’s actions,

and that if the matter was not addressed urgently, they would launch legal

proceedings against the department. I am advised by my attorneys that they

have received no response to this letter.

THE REQUIREMENTS FOR A MANDAMENT VAN SPOLIE

22. I am advised that to succeed with a spoliation application, we must show that

we were in peaceful and undisturbed possession of the property, and that we

have been deprived of possession without our consent and without any legal

process.

i) Peaceful and undisturbed possession of the property

23. As set out above, the applicants have since November 2017 been in peaceful

and undisturbed possession of the property. I say so for the following reasons:

23.1.1. We had, from 21 November 2017, formal permission from the

Department to occupy Dassiesfontein as we were beneficiaries of

the state’s land reform programme.

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23.1.2. Our animals, which includes 1900 sheep, and some donkeys

are kept on the farm and remain on the farm.

23.1.3. I controlled access to Dassiesfontein through the keys that I held

for the gate and the house on the farm. Mr Makwena and Ms

James did not have the keys and came to ask for it from Jan

Arries. When they could not get the keys, they had to cut the locks

to gain access.

23.1.4. Dassiesfontein is an integral to our farming operations and are

critical for the running of our business. We were in possession of

this land until we were unlawfully deprived by the respondents,

who have taken the law into their own hands and dispossessed

us.

ii) Unlawful deprivation of the property

24. I submit that the facts clearly show that we have been deprived of the property

and control over the property. As set out above, we cannot access

Dassiesfontein as the locks have been changed and we do not have the keys.

25. The dispossession took place without our consent, and without due legal

process.

26. Firstly, as is clear from the letter to the department, we had no idea that the

department would take this step and deprive us of possession. We did not
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agree to this. Prior to them taking control of the farms, we were never

informed that it would be happening.

27. Secondly, no legal process was followed before our possession was

disturbed. I say this for the following reasons:

27.1.1. We were never informed of any decision to allocate the land to

Ms James. It appears that Mr Makwena simply allocated the land

without following any process whatsoever, and without any notice

to us. His actions are unlawful.

27.1.2. It is unclear in terms of what law or policy of the Department, if

any, the land has allegedly been allocated to Ms James. There is

no policy that allows Departmental officials to simply allocate land

at their discretion.

RELIEF

28. The applicants seek order in the following terms:

28.1. That the applicants’ peaceful and undisturbed possession of

Dassiesfontein be restored ante omnia, with immediate effect;

28.2. That the respondents be ordered to pay the cost of the application.

URGENCY
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29. I submit that this application is urgent. I say so for the following reasons:

29.1.1. Spoliation applications are by their nature urgent as it seeks to

restore possession of property that have been deprived on an

urgent basis, and to bring the rule of law to bear on the situation.

Spoliation is a robust remedy that is aimed at urgent action being

taken to restore possession.

29.1.2. Our sheep and donkeys are still on Dassiesfontein and need our

urgent attention. These animals will suffer if we are not able to

gain access to them urgently as they need to be fed and provided

with water. The current situation places the lives of our 1900

sheep and our donkeys at risk and threatens our livelihoods.

29.1.3. The actions of Mr Makwena and Ms James are unlawful. It is

imperative that they be addressed on an urgent basis, and to

prevent damage to us and our animals, as well as the interests of

the Department itself.

CONCLUSION

30. I ask the Court to grant the relief sought in the Notice of Motion.

_________________________________

JOHANNES BEUKES
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I hereby certify that the deponent declared that he knows and understands the
contents of this affidavit and that it is to the best of his knowledge both true and
correct. This affidavit was signed and sworn to before me at
_____________________ on this____day of February 2024. The Regulations
contained in Government Notice R1258 of 21 July 1972, as amended, have been
complied with.

__________________________

COMMISSIONER OF OATHS