Standard Principle 11.
11.1 The Business and farm owners shall comply with the provisions of the Extension of Security of Tenure Act (ESTA) and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE), regarding those living on their land.
11.2 The Business shall respect the applicable legislation in so far as this regulates the lawful eviction of those living on the farm and take into consideration any adverse human rights impacts that evictions may have.
11.3 The Business shall respect the occupiers’ rights. Occupiers shall respect the rights of landowners and businesses in terms of the provisions of ESTA.
11.4 The Business shall have effective risk management measures in place to ensure that on-farm accommodation and surrounding communal grounds are in adequate condition to ensure the physical well-being and human dignity of occupants.
11.5 Worker accommodation is not located close to production facilities.
11.6 Where work accommodation is provided for workers as part of their working conditions and contract, the business must meet adequate standards for the provision of social facilities, housing conditions, energy, potable water, sanitation and sewage and safety provisions for communal worker accommodation and household worker accommodation.
References
South African Legislation
Extension of Security of Tenure Act (Act 62 of 1997):
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