PIE Or ESTA | What Is The Difference And Why Does It Matter?

Case discussion: Frannero Property Investments 202 (Pty) Ltd v Selapa and Others 2022 (5) SA 361 (SCA)

The SCA had to decide whether ESTA was applicable in the present circumstances, which would be the case if the land in question was the type as contemplated in section 2 of the Act, and the occupiers qualified as 'occupiers' as defined in the Act, i.e. that they resided on land belonging to another person, and had consent to do so on or after 4 February 1997, and they did not fall under the exceptions set out in the definition. The fact that the property fell under the scope of ESTA was not in dispute. The dispute focused on the question of whether the respondents were 'occupiers' in terms of ESTA, in which case the occupiers had to have been afforded an opportunity to make representations prior to the termination of their rental agreements. The SCA held that the burden to prove that ESTA applied in relation to a specific occupier rested on the occupier who alleged