New laws against invasion of private property in South Africa – with a R2 million fine or jail time for anyone inciting it
The Department of Human Settlements has extended the comment period for the new Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Amendment Bill by a month.
In a new gazette, the DHS extended the deadline for comments on the bill by 30 days, starting 26 June 2026. The submission period for the bill was initially 16 June.
The department said it had received multiple requests from several stakeholders and organisations to extend the comment period.
It noted that, while it has already received a substantial number of public comments, it wants to promote maximum participation in this crucial piece of legislation.
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.
Most notably, it wants to make it an offence to incite others to illegally occupy land, with a R2 million penalty if found guilty of doing so.
It was approved by the cabinet in early April 2026 and gazetted for public comment by the middle of that month.
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 department noted at the time of its initial gazetting that the government had identified inconsistent interpretation of the existing laws as a key challenge, often resulting in lengthy court processes and escalating costs.
As part of this process, key provisions have been reviewed, and the bill aims to close those gaps and create greater clarity.
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.
The department initially intended to return the revised bill to Cabinet by July 2026, aiming for the bill to be tabled before Parliament by late July or early August 2026.
However, with the extended comment period, this timeline is expected to face delays.
The bill can be read below:
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