The Extension of Security of Tenure Amendment Act ('ESTAA') marks a significant milestone in the ongoing evolution of property rights in South Africa. Enacted on 1 April 2024, this legislation represents a concerted effort to address longstanding issues within the Extensions of Security of Tenure Act of 1997 (“the principal Act”). Through the introduction of key amendments and regulations, ESTAA aims to enhance security of tenure while balancing the rights of both landowners and occupiers.

‘A sustainable human settlement is a community of people in which economic growth and social development are in balance with each another; resources are used responsibly so that they will continue to deliver value to future generations; and everyone has an opportunity to participate in the economy, to be treated fairly and to prosper’.

Housing has been a contentious subject in South Africa for a long time. Most of the country’s urban areas face multiple housing challenges, many due to the absence of affordable housing in areas of opportunity for the urban poor. It also has not helped that poor communities have struggled to access well-located land through formal channels and as a result, informal settlements and the housing backlog continue to increase at a pace that the government struggles to manage.