Abstract

The transition that followed the 1994 democratic election in South Africa brought with it a host of progressive legislation aimed at the provision of a secure environment for those previously marginalised. The Extension of Security of Tenure Act (ESTA) (1997) was an example of such progressive legislation and aimed at providing tenure security specifically for farm workers. To a large extent ESTA, and other legislation, interrupted traditional paternalism on the farms, where farmers, now faced with legislated expectations and accompanying responsibilities to comply with basic requirements for housing on the farms, started to implement strategies to lessen their responsibilities and, in the process, lessen the amount of housing available to farm workers. The implementation of ESTA and the move away from paternalism on the farms brought with it a number of unintended consequences, often resulting in the creation of a less secure environment for exactly those it was supposed to protect.

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