The Relocation of ESTA Occupiers and the Provision of Suitable Alternative Accommodation

Abstract

This article evaluates the meaning of suitable alternative accommodation for occupiers when they are relocated from one dwelling to another on the same piece of land in terms of the Extension of Security of Tenure Act 62 of 1997 (ESTA). It also examines whether ESTA provides for a minimum standard of alternative accommodation for relocated occupiers and if owners could be obliged to provide relocated occupiers suitable alternative accommodation of the occupiers’ own choice. In the final instance, the article suggests a more appropriate approach to the relocation of occupiers under ESTA. The article concludes that in terms of ESTA, suitable alternative accommodation provided for relocated occupiers means accommodation that is safe and overall not less favourable than the accommodation from which the occupiers stand to be relocated. This would mean that the suitable alternative accommodation must meet the basic needs of the ESTA occupier and that of his or her household. Furthermore, the existing and newly relocated dwelling should meet a particular standard, meaning that, at the very least, it must be fit for human habitation and provide the ESTA occupier with basic amenities such as running water and sanitation facilities. An owner may not be compelled to provide relocated occupiers under ESTA with suitable alternative accommodation of the occupiers’ own choice, as the primary purpose of ESTA was not to provide occupiers with housing of their own choice. Therefore, the suggested approach to relocation of occupiers under ESTA is that the parties must resort to mediation through an independent third party, as opposed to litigation to resolve their dispute arising from and out of relocations under ESTA.