ESTA Evictions: A Brief Overview
What is ESTA?
The Extension of Security of Tenure Act (ESTA) is a pivotal piece of legislation in South Africa that provides crucial protection to rural and peri-urban land occupants. It is a comprehensive legal act that outlines the conditions under which lawful occupants can be evicted from the land. ESTA applies to all land, except for land within townships, unless designated for agricultural purposes or recognised after February 4, 1997, concerning persons who were occupiers before such recognition.
Who is an occupier?
An occupier is defined as someone residing on another's land with consent or has another legal right to do so. The definition of an occupier excludes those who use the land for industrial or commercial farming purposes or those earning above a certain income threshold. ESTA recognises the importance of protecting the rights of occupants and ensures that they are not mistreated or exploited by the landowner.
How can an occupier be evicted in terms of ESTA?
Eviction under ESTA requires a court order, and the landowner or person in charge of the land initiates the process. The act stipulates that an occupier's right of residence must be terminated, and they must fail to vacate the land within the notice period before eviction proceedings can commence. The court considers various factors to determine if the eviction is just and equitable, including the rights of the occupier, which are detailed in Chapter 3 of ESTA.
These rights include security of tenure, the right to receive visitors, and the right to postal communications, among others. ESTA recognises the crucial role of occupants in South Africa and ensures that their rights are protected. The act embodies the principles of human dignity and serves as a safeguard against arbitrary evictions.
The eviction process is governed by a commitment to fairness and due process, ensuring that the rights of both the occupier and the landowner are respected. ESTA recognises the importance of balancing the rights of both parties.
Legal advice from experts in the field is recommended for a comprehensive understanding of the ESTA eviction procedure.
