ESTA covers people who live in rural areas, on farms and on undeveloped land. It also protects people living on land that is encircled by a township or land within a township that is marked for agricultural purposes. The act specifically gives women occupiers the same rights as men occupiers. However, the Act does not cover:

• People who live in a proclaimed or recognised township
• Land invaders
• Labour tenants
• People using the land for mining or industrial purposes, for businesses or commercial farming
• People who earn more than R5 000 per month gross (before tax deductions)