AGRICULTURE South Africa (AgriSA) said yesterday that the Extension of Security of Tenure Amendment Act (ESTAA), which was enacted at the beginning of this month, marked a significant milestone in the ongoing evolution of property rights in South Africa.
Agri SA said ESTAA represented a concerted effort to address long-standing issues within the Extension of Security of Tenure Act of 1997, and would ensure sustainable land reform, enhancing and protecting property rights.
It also said the ESTAA refined key definitions within the legislation.
“Through the introduction of key amendments and regulations, ESTAA aims to enhance security of tenure while balancing the rights of both landowners and occupiers,” it said.
“The inclusion of new definitions for ‘dependent’ and ‘family’ ensures that the rights of spouses, both adopted and biological children, parents, grandchildren, and grandparents are distinctly acknowledged.”
Further, Agri SA said the clarification of “reside” and “residence” sets clear parameters for what constitutes permanent habitation, providing a foundation for legal interpretation.
It said one of the pivotal changes introduced by ESTAA was the emphasis on mediation before resorting to legal action in eviction cases.
According to the agricultural federation, the legislation sought to foster dialogue and mitigate the adversarial nature of such proceedings by mandating compulsory mediation and empowering courts to set reasonable conditions for eviction orders.
Additionally, it said the provision of legal representation for occupiers ensured fair treatment and safeguards against unjust displacement.
Agri SA also said the legislation acknowledged the importance of maintaining dwellings and preserving cultural traditions by granting occupiers the right to maintain their homes.
This extended rights to relatives for the erection, maintenance and visitation of gravesites, even in cases where the relatives no longer reside on the property, it said.
“This transition aims to streamline the process while ensuring fair compensation for both parties, thus promoting greater equity in land management,” it said.
ESTAA establishes institutional mechanisms such as the Land Rights Management Board and Land Rights Management Committees, providing avenues for stakeholder representation and oversight.
Simultaneously, accompanying regulations offer clarity on the implementation of amendments and outline the responsibilities of the director-general in maintaining a comprehensive database.
According to the Land Affairs centre, the amendments introduced by ESTAA represented a nuanced approach to addressing the complexities of property rights in South Africa.
It said by clarifying definitions, promoting mediation, and institutionalising oversight mechanisms, the legislation sought to strike a delicate balance between protecting private property rights and ensuring equitable treatment for occupiers.
Agri SA said its endorsement of written agreements between landowners and occupiers underscored the importance of proactive engagement and adherence to the law.
“By formalising agreements and minimising ambiguity, stakeholders can navigate disputes more effectively, thereby fostering a climate of trust and co-operation,” it said.
“In essence, ESTAA embodies a commitment to fostering inclusive and sustainable land management practices, laying the groundwork for a more equitable society while safeguarding the rights of all stakeholders.”
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