Abstract

Section 25(6) of the Constitution of the Republic of South Africa, 1996 guarantees legally secure tenure to farm dwellers. The Extension of Security of Tenure Act 62 of 1997 (‘ESTA’) was enacted to give effect to s 25(6), read with s 25(9) of the Constitution. The purpose of ESTA is to improve and strengthen tenure security in rural areas, including farmland. Nonetheless, the efforts to strengthen tenure security have largely failed to guarantee legally secure tenure on farmland. Thirty-two years after the government of South Africa began its all-encompassing land reform programme, the goals it envisioned have not yet been realised. The result is the continuous challenges encountered by farm dwellers. The article discusses the inherent challenges linked with tenure security on farmland, with reference to the government’s responsibility to advance tenure security. In doing so, the article unpacks what the right to tenure security entails in general, and more specifically, what the right means for farm dwellers living on farmland. Clarification of the content of the right to tenure security can help farm dwellers understand their rights at the outset. The article concludes that ESTA does not afford farm dwellers a right to tenure security that provides them with sufficient protection.