<\/p>\n
A new bill proposes a R2 million fine or two years\u2019 in prison for anyone who allows another person to occupy land or a building without the owner\u2019s permission.<\/p>\n
In April, the Department of Human Settlements published a Bill proposing amendments to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (Pie Act).<\/p>\n
Read:
Illegal land grabs prompt a rethink of the Pie Act
The tenant who won\u2019t leave [July 2025]<\/p>\n
The Pie Act was adopted in 1998 to repeal apartheid laws criminalising \u201csquatting\u201d and to prevent unlawful evictions. The Act sets out procedures for eviction and ensures people are not left homeless.<\/p>\n
Proposed amendments attempt to do away with some hard-won protections. The Bill proposes to criminalise land occupation, give courts the power to grant evictions without ensuring alternative accommodation, and set time limits on relief measures.<\/p>\n
Criminalising land occupation<\/p>\n
One of the main issues with the Bill is that its provisions for criminalising occupation are overly broad. Part of section 3 reads: \u201cNo person may incite, arrange, organise or permit any person to occupy land without the consent of the owner, organ of state or person in charge of that land.\u201d<\/p>\n
\u201cLand\u201d here includes buildings or structures, and \u201cperson in charge\u201d means a person with legal authority to administer or control the land. Anyone in breach of this provision is liable to a fine of up to R2 million or a two-year prison sentence \u2013 or to both a fine and imprisonment.<\/p>\n
ADVERTISEMENT<\/p>\n
CONTINUE READING BELOW<\/p>\n
What this means is that anyone who occupies a property or allows others to do so could be found guilty of an offence. This ignores the fact that people who occupy land often do so because their only alternative is living on the street.<\/p>\n
Criminalisation would affect a parent who is desperate to put a roof over their child\u2019s head and cannot afford accommodation. Furthermore, because the provision is so broad, it could also affect someone who believes they are paying rent to the owner of a building when in reality the property has been \u201chijacked\u201d and the real owner has absconded.<\/p>\n
At the very least, this places an additional burden on tenants to verify that their landlord has permission to rent the property to them.<\/p>\n
No alternative accommodation<\/p>\n
Another major issue with the Bill is that it tries to do away with an important constitutional protection. Subsection (14) of section 4 reads: \u201cIf the court determines that the occupier is an unlawful occupier, as defined in this Act, the court may choose to grant an eviction order without requiring the municipality or any organ of state to provide alternative accommodation or land.\u201d<\/p>\n
An \u201cunlawful occupier\u201d is anyone who does not have the permission of the owner or person in charge of the property. An exception would be labour tenants whose rights are protected under other legislation.<\/p>\n
This provision is clearly unconstitutional since the Constitutional Court has found that municipalities have the duty to provide alternative accommodation to anyone who would be left homeless by an eviction. This right is not limited to \u201clawful\u201d occupiers, but is open to anyone who would otherwise be forced to live on the street.<\/p>\n
This marks a regression in the country\u2019s attempts to incrementally fulfil the right to housing.<\/p>\n
The Bill further defines alternative accommodation as \u201ctemporary\u201d and compels courts to \u201cstipulate the period for which such alternative accommodation or land must be made available\u201d. There is no guidance as to what would constitute a reasonable time period for providing alternative accommodation.<\/p>\n
ADVERTISEMENT:<\/p>\n
CONTINUE READING BELOW<\/p>\n
In the current housing crisis, we cannot blame people for \u201ctaking up space\u201d in alternative accommodation and leave them homeless in order to \u201cmake way\u201d for others who also need the service. Rather, municipalities should be adequately resourced and funded to provide alternative accommodation following an eviction, as well as long-term housing solutions.<\/p>\n
Read:
Court win for housing company that has faced intimidation campaign [June 2025]
Joburg high court says illegal occupiers \u2018can stay\u2019 [Jan 2024]
City of Joburg ordered to pay R12m to owner of \u2018hijacked\u2019 building [April 2025]<\/p>\n
Far from the stated purpose of the Pie Act to protect against unlawful evictions, the Bill seeks to relieve municipalities of the \u201cfinancial burden\u201d of the constitutional obligation to provide alternative accommodation.<\/p>\n
Instead of addressing the root causes of the ongoing housing crisis and historical deprivation of land, the Bill proposes to remove access to housing and deter occupation through criminal punishment.<\/p>\n
The Bill remains open for public comment until 15 June 2026.<\/p>\n
* The authors are at the Centre for Applied Legal Studies at Wits University. Views expressed are not necessarily those of GroundUp or Moneyweb.<\/p>\n
\u00a9 2026 GroundUp. This article was first published here.<\/p>\n
#draft #bill #evictions #puts #tenants #risk<\/p>\n","protected":false},"excerpt":{"rendered":"
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