South Africa: Donkey Sanctuary's Promised Land Turns Sour

Eviction Order May Threaten Rescued Animals at Bergwater Farm

Bergwater farm lies near the Great Karoo, surrounded by the Swartberg mountains. It features dams and 40 hectares of irrigated land. This oasis is crucial in an area prone to drought.

The farm serves as a sanctuary for over 200 donkeys. Most of these animals were rescued from abuse and slaughter for their skins. The Karoo Donkey Sanctuary (KDS) also shelters other animals.

Animal rights groups estimate six million donkeys are skinned each year. Their skins are used to produce "ejiao," a collagen marketed as a miracle cure, especially in China. KDS founder Jonno Sherwin has worked hard to save these donkeys and ban the trade in Africa.

Now, KDS faces eviction from Bergwater, which was meant to be a permanent home. "We wanted this to be their forever home," Sherwin says sadly.

In November 2023, KDS relocated the animals from Plettenberg Bay to Bergwater. The move took six days and cost R500,000. Animal rights activists had concerns about the relocation's risks but Sherwin successfully transported all animals safely.

KDS became a non-profit in 2016 after rescuing donkeys at an auction in Hartswater. Due to drought conditions, they moved from Prince Albert to Plettenberg Bay temporarily. After three years of searching for a new farm, Sherwin found Bergwater for R10 million in August 2023.

ABSA bank owned the distressed property and agreed to sell it on certain conditions. Sherwin's offer relied on a R15 million pledge from supporter Linda Becker but lacked bank guarantees. Despite this, ABSA accepted the sale based on Becker’s pledge and a non-refundable deposit of R1.5 million.

Becker signed an unenforceable pledge on November 29, two weeks after KDS began occupying the farm legally. She stated she intended to fulfill her pledge but needed funds from her investment bonds first.

Unfortunately, those funds never arrived. Becker claims she is still waiting for them but feels it's out of her control.

The sale agreement was eventually canceled, and ABSA took back the R1.5 million deposit. In April 2024, Bergwater was listed again for R9 million. Retired magistrate Samuel Hallatt made an offer through his Hallatt Hope Trust (HHT) in August 2024.

Hallatt said he had been looking for a suitable farm in the Karoo for years when he learned about Bergwater. He initially did not know someone else was renting it when he made his offer at the end of August.

KDS has remained on the farm since December 2023 while paying monthly rent of R45,000 as they sought funds to repurchase it. KDS board member Bradley Bergh mentioned that they secured investors willing to help financially through another company called Karoo Mountain Sanctuary (Pty) Ltd (KMS).

On September 13, KMS submitted a R9 million offer for Bergwater but later increased it to R9.5 million within weeks. However, ABSA had already signed with HHT by then.

Bergh filed a dispute with ABSA's legal department and escalated it to the bank ombudsman; however, his complaint was dismissed.

Tensions escalated between KDS and HHT before ownership transfer occurred on December 6 when Schoeman warned KDS to vacate the property immediately.

Bergh explained that KDS spent significant money relocating animals and upgrading facilities without viable options left if evicted.
Sherwin emailed Hallatt stating they could not leave without legal opposition due to their situation.
He offered Hallatt R500,000 as compensation if he would allow KMS instead of HHT to buy the farm.
Hallatt declined because he believed his purchase price reflected its true value.
Litigation ensued with accusations flying between both parties regarding intimidation and sabotage.
Schoeman accused KDS of delaying eviction efforts while police raided the farm seeking illegal workers.
However, staff members were legal residents; Schoeman denied instigating any raid against them.
KDS claimed Hallatt blocked access for animals needing water or shelter while Hallatt countered with allegations against KDS regarding intimidation tactics.
"I am their biggest donor," Hallatt stated about supporting KDS since December while losing money farming his own land.
Sherwin expressed discomfort being labeled "illegal dwellers" on what should have been their sanctuary.
After transferring ownership officially occurred with Hallatt seeking eviction orders alongside Schoeman due court requirements stipulating vacant possession upon sale completion,
the hearing took place January 30 at Thembalethu High Court where mediation attempts failed amid ongoing disputes between both sides over responsibility issues surrounding animal welfare during litigation proceedings ahead leading up towards potential outcomes involving animal sales or euthanasia should evictions proceed further down road ahead without resolution reached soon enough amidst rising tensions surrounding case overall unfolding currently still unresolved yet today...