Property & Housing
ESTA — Extension of Security of Tenure Act
ESTA protects farm workers and labour tenants who live on agricultural land. It provides strong security of tenure and can only be evicted by court order after due consideration of personal circumstances.
Legal Definition
The Extension of Security of Tenure Act 62 of 1997 (ESTA) applies to persons who occupy agricultural land with the permission of the owner. An ESTA occupier can only be evicted if a court order is obtained after considering the length of residence, age, family circumstances, and availability of alternative land.
📖 Constitutional / Statutory Basis: Section 25(6) and 26, Constitution of the Republic of South Africa, 1996; ESTA 62 of 1997
Practical Example
A farm worker who has lived on the farm for 20 years is protected by ESTA. The farmer cannot evict without a court order and must give six months' notice after 10 years of residence.
Frequently Asked Questions
Who does ESTA protect?
Persons (and their spouses and dependants) who occupy land with the consent of the landowner and who were resident there on or after 4 February 1997.
How much notice is required under ESTA?
If you have lived there for more than 10 years and are 60 or older, the notice period can be up to 12 months. Other occupiers: between one and six months depending on length of residence.
Can an ESTA occupier be evicted for any reason?
No. ESTA lists specific grounds: material breach of duties, criminal conviction, or operational requirements. The court must find eviction is just and equitable.
Related Terms
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