Dear Editor
The Democratic Alliance (DA) Private Members Bill to amend the problematic and stifling “PIE” Act is progressing through Parliament, moving for consideration by the Human Settlements Committee.
The “PIE” Act – Prevention of Illegal Eviction from and Unlawful Occupation of Land, Act 19 of 1998 – has caused untold problems for property owners and has protected land invaders and unlawful land occupiers who have acted in blatant bad faith for too long.
Ownership and protection of immovable property are inalienable rights of a property owner that a constitutional democracy must protect, against illegal occupation in bad faith.
The DA’s groundbreaking Amendment Bill will come before the Portfolio Committee on Human Settlements on 28 May 2025.
The Bill will curb the incitement or promotion of the unlawful occupation of land and clamp down on abuse of our eviction laws.
The increasing rate of unlawful occupations of land and buildings in bad faith has reached crisis point.
Behind the unlawful occupations, are often organised, opportunistic criminals and political operators who are inciting land invasions and occupying land.
Besides the deprivation of constitutionally-entrenched property rights, unlawful occupations, particular those in bad faith, lead to “queue-jumping” for affordable housing, further dispossessing the most vulnerable people in our country.
Illegal land grabs have become a crisis, placing enormous financial and logistical burdens on Municipalities throughout South Africa. Money required to secure sites against invasion is now reallocated from housing budgets, depriving law-abiding citizens of their rightful opportunities.
Currently, the Prevention of Illegal Eviction from and Unlawful Occupation of Land, Act 19 of 1998 (“PIE”) creates a rigid set of definitions and requirements that need to be satisfied in order for a person to be lawfully evicted, even when their occupation is in bad faith and illegal.
The DA’s Amendment Bill will:
- Criminalise the incitement of illegal land invasions regardless of whether or not financial exchanges occurred;
- Extend the explicit criteria that courts must consider before granting an order for alternative accommodation for an unlawful occupier; and
- Require the courts to specify the length of time, if any, a municipality is required to provide alternative accommodation to unlawful occupiers.
The DA has always been at the forefront of protecting the rights of property owners, whilst ensuring that the poorest and most vulnerable in our society are cared for by the State within its available means.
If decisive action is not taken to address and regulate the issue of on-going and orchestrated land invasions, and bad faith and illegal drawn out occupations in bad faith, this crisis will lead to increasing criminal land grabs and bad faith occupations.
Regards
Luyolo Mphithi MP
DA Spokesperson on Human Settlements