Dear Editor
The Democratic Alliance (DA) presented our progressive Private Members Bill to amend the Prevention of Illegal Eviction Act to the Portfolio Committee on Human Settlements on Wednesday.
These amendments, if enacted, will play a critical role in saving municipalities from the buckling pressures created by unlawful occupations and land invasions.
The Department of Human Settlements delivered a presentation noting their support for many of the proposed amendments tabled by the DA. And because the DA has succeeded in landing this pressure against the existing PIE Act, the Department has committed to undertake a full review of the existing Act with a view towards a department-led amendment bill by March 2026.
Given that the Department has delayed taking any tangible action to address this crisis for almost 20 years, the DA welcomes this formal commitment.
Many land grabs are orchestrated by bad-faith actors, who often sell plots of the occupied land that are not suitable for human occupation, and do not have the infrastructure to support residents. Emergency measures to provide services to these occupied areas cost municipalities billions and delay the process of providing housing to law-abiding citizens even further.
The DA’s proposed amendments to the PIE Act aim to address this growing problem by closing loopholes that are abused by bad-faith actors. The DA’s amendments will criminalise the incitement and organisation of unlawful occupations, even where no payment is received or solicited. This will combat instances where land grabs are orchestrated to further political agendas.
The Bill expands the criteria which courts must consider when adjudicating on eviction applications, placing the onus on the illegal occupier to satisfy strict criteria to be eligible for alternative emergency housing.
For example, under the DA’s amendments courts will be required to consider the financial means of the illegal occupiers. Courts will also have to specify the duration for which alternative accommodation or land must be provided in line with available resources. This will put an end to municipalities having to provide alternative housing indefinitely.
These amendments will protect the most vulnerable South Africans whose dignity is denied by unlawful occupations of land earmarked for housing opportunities.
Municipalities are currently being drained of their basic service delivery resources because so much is being diverted to protect land from bad-faith invasions – and this must end!
Regards
Luyolo Mphithi MP
DA Spokesperson on Human Settlements