Botrivier farm owner accused of “constructive eviction” tactics

Haven Smith with his three-year-old son, Shaquille, and partner, Shannon van der Vyfer, are one of three families facing eviction from Barton Vineyards and Villas near Botrivier in the Western Cape. Earlier this month, the farm owner removed the roof of their home. Photos: Rasaad Adams

• Weeks have passed since the owner of Barton Vineyards and Villas outside Botrivier in the Western Cape removed the roof of one of the farmhouses on his property, he says due to his insurance company’s concerns about asbestos.
• The roof remains open, making life unbearable for the family who lives there.
• The family is one of three on the farm, who have been lived there for decades, and were offered cash to leave the property.
• The removal of the roof has sparked outrage by activists, who claim it amounts to constructive eviction used by landlords to bypass a legal eviction process.

A family living on Barton Vineyards and Villas outside Botrivier, Western Cape, say the roof of their farmhouse was removed in an attempt by the new owner to force them off the property.

They are one of three families facing eviction after the farm was sold in December 2025. The tenants or their parents used to work for the previous farm owner and have lived on the estate for decades.

A letter from farm owner Terence Benians, addressed to the three Smith households, dated 23 January 2026, stated that the roofs of two of the three houses are made of asbestos and needed to be removed to comply with their insurer’s health and safety policy.

Earlier this month, part of the roof on Haven Smith’s house was removed.

“This was never about our roofs being made of asbestos,” Haven Smith told GroundUp. “The new owner does not want us on the farm anymore. In the middle of winter, he sent contractors to remove our roof as part of so-called maintenance. My family and I have now had to move in with my brother on the farm.”

According to Smith, their water supply was cut two weeks ago. He said he has had to drive to relatives in a neighbouring town to fetch water.

Smith’s father worked for the previous owner. Smith lives in the farmhouse he grew up in with his wife and two children.

According to Smith, the new owner’s lawyers offered each family thousands of rands to vacate the farmhouses. “We did not accept it because in what world would we buy a decent house with R50,000?” he said.

Landlord disputes allegations

Speaking to GroundUp by telephone, Benians confirmed that when he bought the farm, his insurer “required that I replace the asbestos [before insuring the property]”.

Benians acknowledged that he wanted the three families to move, and that he had offered them money.

“I have no obligation towards any of them. I found them here on the farm,” he said.

“I will proceed with replacing the asbestos roofs and refurbishing the houses. They need to vacate so that my workers, who currently have to rent accommodation in nearby towns, can move into the properties,” he said.

In response to claims that the water was cut, Benians claimed that a pipe was damaged during maintenance work and that the matter was being attended to.

Benians claims the families refuse to pay rent and as such should not be regarded as innocent.

Smith denied this. “The truth is he raised the rent so high that none of us can afford it,” he said.

It is also disputed that the families had initially verbally agreed to move. No paperwork was ever signed regarding such an agreement, and no money was received by the families.

The Smith family claims the removal of their roof is an attempt by the new farm owner to get them off the property.

Billy Claasen, director of the Rural and Farmworkers Development Organisation, said, “[Benians] has the right to remove the asbestos roofs because it is his property, but if you want to remove asbestos, you have to follow the process, obtain the necessary permit, and appoint a qualified company to carry out the work. None of that was done.”

Carmen Louw, co-director of the Women on Farms Project, said the farm owner’s actions were “totally illegal”.

“He is engaged in what we call a constructive eviction. This is a common practice where property owners make living conditions so unbearable that occupants have no choice but to leave.”

Louw said farm owners must follow the law and apply for an eviction order.

“As for the asbestos maintenance argument, yes, by all means he is allowed to carry out such maintenance. In that event, alternative accommodation should have been provided to the occupants. It is now more than a week later, and I think it is clear that he does not intend to replace the roof until the families leave.”

“The affected dwellers can also lay criminal charges against him and can obtain a spoliation order through a magistrate’s court and have their rights and living conditions restored,” Louw said.

More about Housing

• Mitchells Plain families desperate for housing left in limbo 21 July 2026
• Not a single house has been built for land claimants after 26 years 20 July 2026
• Farmworkers fear eviction from Paarl wine estate 15 July 2026

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