New eviction laws coming to South Africa – with a R2 million fine or jail time on the table
South Africa’s eviction laws are undergoing a major change with the introduction of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).
The PIE, which was opened for public comment in April 2026 by the Minister of Human Settlements, Thembi Simelane, aims to strengthen South Africa’s complex eviction and land occupation laws.
It also aims to be easier to understand and simpler to enforce, given that South Africa’s eviction laws are renowned for their complexity.
Rowan Terry, Senior Legal Counsel at TPN Credit Bureau, said that there are three foundational principles to the PIE.
“Firstly, no person may be evicted without a court order. Any attempt to remove an unlawful occupier outside of this process is a criminal offence,” said Terry.
“Secondly, there are strict procedural safeguards in place: occupiers and municipalities must receive proper notice of eviction proceedings, giving them an opportunity to participate and defend the matter.
Finally, he said that courts must determine whether an eviction is “just and equitable” in the circumstances, which is where most eviction matters are decided.
Courts are being required to look beyond ownership and consider the broader context, including how long the occupier has been in the property and if alternative accommodation is available
One also needs to determine whether vulnerable individuals are affected. While the PIE maintains the framework, it refines what courts must consider when making the “just and equitable” decision.
Terry said that one notable shift is the introduction of the intent to understand why the unlawful occupation occurred.
“This does not mean that an occupier acting in bad faith will automatically lose protection, but it does mean that the circumstances surrounding the occupation will carry more weight than before,” he said.
“The Bill also strengthens the criminal provisions relating to unlawful occupation by expanding the offence to include anyone who incites, arranges, or organises such occupation, even where no money changes hands.”
Prison and fines on the cards
The potential penalty has also increased from 2 to 5 years’ imprisonment, indicating a clear policy intention to clamp down on orchestrated land invasions.
There are also tougher penalties for organised land invasions, with fines of up to R2 million and possible asset forfeiture.
Courts will also be granted explicit permission to issue eviction orders without requiring a municipality or the state to provide alternative land or shelter.
If temporary alternative accommodation is ordered by the court, it must set a strict expiration date.
There are also mandatory mediation and automatic joinder of municipalities in eviction matters, which is intended to reduce litigation timelines.
“Landlords who can prove undue financial hardship may get access to a fast-tracked eviction process, aimed at preventing owners from falling into foreclosure while awaiting enforcement,” added Terry.
Another key development is the move toward a more evidence-based enquiry, which is mainly the case where the occupation has been less than six months.
Courts will no longer look at vulnerability in broad terms alone; they will be required to consider more specific personal circumstances, such as financial means, health and prior living arrangements.
The Bill also offers a lifeline to municipalities, requiring courts to consider a municipality’s resources when assessing whether an eviction is just and equitable.
“This Bill represents an attempt to bring greater clarity and consistency to an area of law that is often emotionally and legally complex,” said Terry.
“What is clear is that this is not just a technical legal amendment, it is a policy shift that will affect how eviction matters play out across the country.”
The department has extended the deadline for comments to 06 August 2026, following requests from several parties for more time to engage with the Bill.
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