Minister of huma settlement Thembi Simelane as Minister of Justice and Constitutional introduced amandments to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act now open for public inputs
Image: Hunk Kruger / Independent Newspapers
The government has proposed tough penalties, including fines of up to R2 million and imprisonment for up to two years, in a bid to crack down on the incitement of land grabs and property invasions.
The penalties form part of the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Amendment Bill, which was approved by Cabinet two weeks ago and gazetted on Thursday.
It is open for public inputs until June thereafter expected to make its ways to the parliament by the end of July.
The bill also proposes removing fixed time-based thresholds linked to how long unlawful occupiers have been on a property.
Under the current PIE Act, different legal thresholds apply depending on the duration of occupation, with longer stays affording occupiers additional protections.
Speaking at a media briefing last week, Human Settlements Minister Thembi Simelane said the amendment bill "targets those who unlawfully sell land or property that does not belong to them and those who incite unsuspecting people to unlawfully occupy land."
“It proposes stronger measures, including the forfeiture of assets acquired through such illegal means and hefty fines.
“But even in instances where there is no money paid to a person who incites, because ultimately, if you place people here and they build with the last hard-earned money you might not have gotten anything as an inciter, they will be the biggest losers, because they may lose the house they have built, it will be demolished. The land is not theirs and these are community members who will never find recourse,” she said.
The bill further proposes that courts must order the forfeiture of assets or money acquired through the unlawful occupation or sale of land, whether publicly or privately owned.
It also empowers municipalities to apply for urgent interdicts against land invasions, even where they are not the landowner.
“We are protecting municipalities because subsequently, regardless who the land belongs to, when the land is invaded, they are compelled to provide service which are enshrined in our constitution,” she said.
Courts granting eviction orders may also order the retention or demolition and removal of structures on the land.
Responding to criticism that the amendments amount to a betrayal of redress or criminalise the poor in favour of landowners, Simelane said the fundamentals of the PIE Act of 1998 remain unchanged.
“It actually protects everyone. It protects an ordinary community member who happens to own a piece of land. Cases where families have ploughing fields, and the areas become more modernised. It does not only deal with private land. Ordinary South Africans have also become targeted for their own land.
“The end of it does not deal with invasions only, but illegal evictions. There is a process that still needs to be followed right until an order is issued. Even the state cannot just wake up and remove you.
“We become considerate to say you may not afford financially to deal with the costs and put a mediation process."
Ndifuna Ukwazi spokesperson Zacharia Mashele said they were concerned about the risks of criminalisation in the new bill.
“Ndifuna Ukwazi is deeply concerned that the proposed PIE Amendment Bill risks criminalising poverty and accelerating evictions under the guise of efficiency. By focusing on punitive measures, the Bill shifts attention away from the state’s failure to provide adequate, well-located housing.
"We caution that making evictions easier without strengthening safeguards and access to alternative accommodation could increase displacement and homelessness. Any reform must prioritise constitutional rights, dignity, and meaningful protection for those most at risk.”
Cape Times