Land and Housing > Land > Extension of Security of Tenure Act (ESTA) (NO 62 OF 1997) > Possible Amendment of the Extension of Security of Tenure Act
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Possible Amendment of the Extension of Security of Tenure Act

In 2013 the government introduced the Extension of Security of Tenure Amendment Bill (ESTA), 2013. Rather than repeal ESTA, this Bill would make significant amendments to it.

Similar to the Land Tenure Security Bill, the Extension of ESTA Bill further regulates the rights of occupiers and, in particular, regulates by enforcing alternative resolution mechanisms. The Bill provides for the establishment and operation of a land rights management board and land rights management committees. These bodies would monitor and settle land rights disputes and to establish and maintain a data base of occupiers, land rights disputes and evictions.

Importantly, the Extension of ESTA Bill would also make provision for occupiers and former occupiers to acquire suitable alternative accommodation. The Bill mandates that a tenure grant would be paid to the provincial government or a municipality to enable it to facilitate, implement or undertake or contract with a third party for the provision of alternative accommodation for former occupiers. Similar to the Land Tenure Security Bill, a range of concerns were raised by stakeholders about the Extension of Security of Tenure Amendment Bill. Consequently, the Bill was sent back to the Department of Rural Development and Land Reform for reconsideration but has not yet been sent back to parliament.

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