New laws taking on land grabs and illegal occupation of private property in South Africa
The Department of Human Settlements has gazetted the new Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Amendment Bill for public comment.
The new bill aims to empower municipalities, state entities, and private property owners to respond more decisively to illegal occupations and evictions in the country.
The bill was approved by Cabinet two weeks ago.
According to Human Settlements Minister Thembi Simelane, the proposed amendments will strengthen the standing PIE Act of 1998 by making it more effective, easier to interpret and simpler to enforce.
It comes amid a rise in unlawful land and building occupations across the country, placing a significant financial and administrative burden on both the government and the private sector.
The Minister noted that the government has identified inconsistent interpretation of the existing law as a key challenge, often resulting in lengthy court processes and escalating costs.
“As part of this process, we have reviewed key provisions of the current Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998,” she said.
“The new bill aims to close these gaps, thus providing greater clarity for everyone involved.”
Key proposals contained in the bill are:
- Introduction of additional offence – to include those who incite or organise illegal occupations, even where no money is exchanged.
- Imposing a fine of R2 million or imprisonment not exceeding two years, or both, on a person or individuals who incite people to unlawfully occupy land, irrespective of whether it is a building owned by the government or a private owner.
- A proposal that a court must order that all assets or money acquired using the proceeds of the said offences be forfeited.
- An expansion on the definition of “Person in Charge” to enable the municipalities to apply for urgent interdict even when it is not the owner of the land that is being invaded.
- The court is also afforded a discretion to stipulate a period for which alternative accommodation or land must be made available to the unlawful occupier.
- A court that orders the eviction may make an order for retention or the demolition and removal of improvements or structures on the land.
Balancing rights and enforcement
While taking a tougher stance on criminality, the bill retains protections for vulnerable groups.
It ensures that those who require alternative or temporary accommodation following eviction are treated with fairness and dignity.
The Minister emphasised that the PIE Amendment Bill takes a firm stance against criminality.
“It targets those who unlawfully sell land or property that does not belong to them, and those who incite unsuspecting people to unlawfully occupy land,” she said.
“It proposes stronger measures, including the forfeiture of assets acquired through such illegal means and hefty fines.”
To further improve the system, the bill also introduces new measures, including mandatory involvement of relevant municipalities, provincial department of human settlements, or any organ of state.
It also includes the involvement of the landowner where the order involves the provision of alternative accommodation, as well as mandatory mediation processes where the municipality owns the land.
“These measures are intended to promote fairness and reduce lengthy and expensive court processes. It provides clearer guidelines on alternative accommodation arrangements,” the minister said.
The Department of Human Settlements has allocated 60 days for the public to submit their comments, with submissions expected by mid-June 2026.
“We intend to return to Cabinet with the revised bill by July 2026. This will pave the way for the bill to be tabled before Parliament by late July or early August 2026.”
Public consultation sessions will be held across the country, with the first engagement expected to take place in May.
The bill can be read below:
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