Two years ago Mpumalanga farmer Heinrich Eksteen was reported to the police for assaulting 82-year-old farmworker Ngungunyana Mhlanga, knocking his teeth out and leaving him bloodied and shaken.
But the investigation went nowhere.
Eight months later, Eksteen, 32, was arrested for allegedly beating another worker, 36-year-old Sibusiso Mkhaliphi, to death.
The case - which has fuelled tensions between farmers and their workers in the Volksrust region - goes to trial in the High Court in Ermelo next month.A visit to the area by the Sunday Times revealed dozens of allegations by farm dwellers of intimidation, assault and mistreatment at the hands of farmers, and counterallegations by farmers of stock theft, overgrazing and unlawful occupation.
The Association for Rural Advancement, a land rights NGO, says relations between farmers and farmworkers across the country are worse now than before 1994, due in part to uncertainty over land claims.
Sibusiso's mother, Thobile, 80, said her son had died after being beaten in May last year.
According to police sources, Eksteen called an ambulance, saying he had found Sibusiso on the side of the road. He died in hospital several days later.
Sibusiso's family said he had been with a friend the night he was attacked. The friend, who will testify for the state, is in witness protection.
"His friend told us that a bakkie pulled up to Sibusiso as he was in the bushes having a pee and a farmer came out to him, accusing him of being a thief," said Thobile. She said Sibusiso was beaten and then driven away in the vehicle.
Volksrust police spokesman Sergeant Sunnyboy Mathebula said police had not been aware of the previous assault charge at the time of Eksteen's arrest.
"It was only in April that the two cases were connected after the community protested outside the magistrate's court. "
Mathebula said charges relating to the Mhlanga case would be added.
Eksteen has pleaded not guilty to murder and is out on R10,000 bail.Mhlanga told the Sunday Times he had been delivering food to a friend, who lives on Eksteen's father's farm, when the assault occurred. "This boy jumped out of nowhere and asked me why I didn't stop because he had waved me down. I told him I hadn't seen him and he punched me through the open window," said Mhlanga.
Bloodied, with his front teeth knocked out and not knowing why Eksteen had hit him, Mhlanga drove to town for medical attention. He said he reported the matter to the police and submitted doctor's records, but heard nothing further.
Eksteen's lawyer, Tinus van Dyk, did not respond to several messages this week. Van Dyk's employer, Willem Storm, said he would not comment, saying the case was sub judice.
Food and Allied Workers' Union regional representative Aaron Mametja said many farm dwellers were intimidated by farmers. "If there is any problem they are threatened with eviction."
But Robert Davel of the Mpumalanga branch of Agri SA, said the organisation was not aware of Eksteen's case, or any other cases involving the eviction or beating up of farmworkers.Another fatal assault was reported by Abel Twala, 57, who is still reeling from the death of his son, Lucky, 19, five years ago.
He said several people, including two farmers, had been arrested at the time but charges had been withdrawn due to lack of evidence.
"I don't have the answers why my son had to die. I carried him from the gate and washed the blood off his body. He died in my hands yet even the courts can't help me," he said.
The police said they could not track the case without a case number.
Linda Page, spokeswoman for the Department of Rural Development and Land Reform, said it received hundreds of complaints every year from Mpumalanga relating to unfair treatment of farm dwellers. Where appropriate, the department sent officials to the farm and escalated the matter to the courts, she said.Legal change intended to protect workers
An amendment to the Extension of Security of Tenure Act would protect farm dwellers from unfair eviction.
● What it proposes: Farmworkers cannot be evicted without a court order and alternative accommodation.
● Status: It has been passed by the National Assembly and will shortly be tabled in the National Council of Provinces.
● Potential loopholes: If a worker is fired, a landowner could use the dismissal as grounds for an eviction order.
Farm killings: All sides claim high ground in litany of accusation and denial
Conflicting stories of altercations underline the poor relations between farmer and farm dweller.Bonginkosi Zwane claims his 81-year-old grandmother was manhandled by farmers in February last year, after Zwane confronted a farmer about a stolen calf.
He said he tried to open a case with the police but was told if no one was injured there was no need. Instead a case of intimidation was opened against him.
The farmer, whose name is known to the Sunday Times, could not be reached for comment.Lizzie Buthelezi, 63, has lived on Boterfontein farm outside Volksrust for about 35 years. She said the owner had been harassing her family since her husband died in 2014.
"He fired me from my work as a domestic then told me we would have to leave the farm." Buthelezi said the owner, Jacob Gregory, also sold her seven cows. Gregory's lawyer, Maryka du Plooy, said Buthelezi had sold her cows willingly, and Gregory merely wanted to move her to another dwelling.July Magubane, 62, said he had been told to leave Oshoek farm, near Wakkerstroom, where he has lived all his life.
He said owner Louis Beukes had taken more than a dozen of his cattle. He reported the matter to the police.
Beukes told the Sunday Times he was not "your typical farmer who is racist towards the workers". He said he had opened many cases against Magubane, for stock theft, removal of protected species and overgrazing.Alvina Ngobeni, 81, said she broke an arm during an altercation with the owner of Opperman farm, Terry Charles, and two other "white boys", blocked her from bringing her cattle to graze, she said. She has lived on the farm all her life,
Charles confirmed thatOpperman, near Volksrust, belonged to him. "There were many people who lived on the farms when I bought them. I don't know Alvina or any of your allegations."Mbhekiseni Mbuli, 32, who lives at Oshoek, said he and his family had been "torn apart" because Beukes had forbidden him from coming onto the premises. His family has lived on the land for two generations.
But Beukes said Mbuli's brother was facing an attempted murder charge for alleging trying to stab a farm employee. "I have done nothing wrong and now they want to racialise and politicise the matter. I've tried to negotiate with the families," he said...