1. Employers and farm owners shall comply with the provisions of the Extension of Security of Tenure Act in respect of those living on their land. In particular, employers shall respect the occupational rights of farm dwellers, and shall comply with the provisions of the legislation insofar as these regulate the eviction of those living on the farm.
2. Employers must comply with the housing standards, employers are referred to point 3.4.12 of the Code and the WIETA Housing Standards Guidelines 2014.
South African Legislation
Extension of Security of Tenure Act (Act 62 of 1997):
- Section 6(2)(a) provides the occupier with a right to security of tenure and section 6(2)(d) to family life in accordance with the culture of that family. Spouses and dependents are not occupiers in their own right; their right derives through the occupier and thus terminates upon termination of the occupier’s right, unless they have an independent right deriving from their own employment with the owner.
- Section 8 provides that the occupier’s right of residence may be terminated on lawful grounds provided it is just and equitable.
- An occupier is defined as a person who resides on agricultural farm land with permission by the owner and who does not earn an income in excess of R5 000.00 per month. Long-terms
occupiers have a right to live on the land permanently if they have lived on the land for ten years and are sixty years or older or rendered disabled during the period of employment with the owner.
Legal Framework for Housing Standards
- National Building Regulations and Building Standards Act (1977)
- Occupational Health and Safety Act
- Environmental Regulations for Workplaces,1987:(2281);
- General Safety Regulations (1993),
- National Environmental Management: Waste Act (2008), Art. 21-23
- The Extension of Security Tenure Act and the Provision of Accommodation in the Agricultural Sector (ESTA) (2007);
- Sectoral Determination: Agriculture sector 13 (2009);
- South Africa mining accommodation standards;
- South African National Standards (SANS)
- International Finance Corporation (IFC) and European Bank for Reconstruction and Development (EBRD). (2008). Workers’ accommodation: processes and standards A guidance note by IFC and the EBRD;
- International Labour Organization, Workers Housing Recommendation (1961);
- SA 8000 accommodation guidelines;
- International Covenant on Economic, Social and Cultural Rights