The Labour Court in Gqeberha has dismissed an application by Madalas Rest (Pty) Ltd to overturn a Commission for Conciliation, Mediation and Arbitration (CCMA) ruling that reinstated long-serving farm worker Mzukisi Petrus Mkhavu. Judge Molatelo Makhura upheld the CCMA’s finding that Mkhavu’s dismissal was substantively unfair, affirming that the individuals Mkhavu allowed onto the property were legally entitled to be there under the Extension of Security of Tenure Act (ESTA).
Court Rejects Access Restrictions on Rhodene Farm
Mkhavu, who has worked at Rhodene Farm in Kirkwood since 1984, was dismissed in April 2023 following accusations that he permitted unauthorized people onto the property. The farm management alleged that Mkhavu allowed his son, Andile Tambo, his nephew, Devan Mkavu, and a third individual, Shaunton Gouws, to enter the premises without authorization. The company argued that the issue centered on the individuals driving through a vehicle gate rather than using a pedestrian entrance.
Judge Makhura rejected this argument, labeling the distinction between pedestrian and vehicle access as “illogical and unsustainable.” The court found that Andile and Devan were recognized occupiers whose names were on the official list provided to the farm’s new owner. Furthermore, the court determined that Shaunton Gouws’ visit to his grandmother was lawful under ESTA, which grants occupiers the right to receive visitors at reasonable times unless specific, communicated conditions are in place.
Did You Know?
Mzukisi Petrus Mkhavu had been a worker at Rhodene Farm for 39 years, having started his employment there in 1984.
Legal Implications for Agricultural Land Occupiers
The ruling clarifies the application of ESTA regarding how residents and their visitors access agricultural property. Judge Makhura emphasized that individuals who legally reside on a farm do not lose their rights simply because a landowner dislikes the method of access, such as using a vehicle instead of walking. The court concluded that the CCMA commissioner acted correctly by using the Act to assess whether the individuals had a legal right to be on the premises.
Future Outlook for the Parties
With the review application dismissed, the original CCMA award remains in effect. Mkhavu is entitled to retrospective reinstatement, eight months of back pay, and compensation equivalent to eight months of remuneration for unfair labor practice. While the company expressed dissatisfaction with the compensation amount, the Labour Court declined to address this, noting that the argument was not properly raised in the initial review papers. Unless the company pursues further legal avenues to challenge the procedural aspects of the compensation, the matter appears concluded in favor of the employee.
Frequently Asked Questions
Why was Mkhavu dismissed initially?
He was dismissed in April 2023 for allegedly failing to control access to the property and permitting unauthorized persons to enter.
What did the court decide about the “unauthorized” visitors?
The court found they were not unauthorized. The son and nephew were recognized occupiers, and the third visitor was visiting his grandmother, which is a right protected under ESTA.
What is the status of the CCMA award?
The award stands, meaning Mkhavu is to be reinstated with eight months’ back pay and additional compensation for unfair labor practice.
How might this judgment influence future access disputes on agricultural properties in the Eastern Cape?
Related reading