When to provide and when not to provide suitable alternative accommodation to evicted ESTA (Extension of Security of Tenure Act 62 of 1997) occupiers: A reflection on the case of Baron v Claytile (Pty) Ltd

Abstract

This case note considers where the duties and responsibilities of the private landowner and the state to provide suitable alternative accommodation for evicted ESTA occupiers, begin and end. It also evaluates the standard of suitable alternative accommodation that should be provided to lawfully evicted ESTA occupiers. The case note concludes that the duties and responsibilities of the private landowner to provide suitable alternative accommodation to lawful ESTA occupiers begin when the landowner has granted these occupiers permission, or where the ESTA occupiers have obtained a right of occupation on the private landowner’s property. These duties and responsibilities end when the ESTA occupiers’ employment or occupation has been terminated fairly and lawfully in terms of the Act. However, in exceptional circumstances, a positive obligation could rest on the private landowner to assist ESTA occupiers with securing or providing suitable alternative accommodation. The case note further indicates that when the ESTA occupiers’ employment or occupation has been terminated, the state’s duties and responsibilities to provide suitable alternative accommodation to evicted ESTA occupiers begin. Whether provided by the state or by the private landowner, the suitable alternative accommodation for evicted ESTA occupiers should meet the stringent standards set out in Act.