Amendments to the Extension of Security of Tenure Act Regulations (Act No.62 of 1997)
The Minister of Rural Development and Land Reform published Amendments to the Regulations under the Extension of Security of Tenure Act 1997 (“ESTA”) adjusting the qualifying income for protection under the Extension for people living in rural and peri-urban land that they do not own.
Persons earning an income of R13, 625 a month, and who live in rural and peri-urban land they do not own will now qualify for protection under the ESTA legislation. The previous qualifying income was R5, 000 per month.
The Extension of Security of Tenure Act of 1997 (“ESTA”) regulates the relationship between the people that live on land they do not own, but with the consent (express or tacit) of the owner or person in charge of the farm. The Act places substantive rights and responsibilities on both parties, sets out processes of eviction, and more importantly provides instruments to enable Government to provide long-term security of tenure to those who live on farms and peri-urban land they do not own.
ESTA only applies and protects people defined as “occupiers”, those people that live on land which belongs to another person and who have consent of the owner or person in charge, or another right in law to do so. Excluded from being an occupier are those people that use the land for industrial, mining, or commercial farming purposes; and those who have an income in excess of the prescribed amount. The amount is prescribed by the Minister of Rural Development and Land Reform through Regulations.
An estimated 3 million people that live on farms that they do not own are among the poorest and most vulnerable in South Africa. Their land tenure, more often than not, is insecure and they mostly do not have access to basic services provided by Government because of their geographical isolation, and in some instances because the owners of the land they reside on refuse to consent to Government providing them with services.
