SAHRC slams Lesufi’s plan for night-time evictions as 'inhumane, degrading and dangerous'

The South African Human Rights Commission (SAHRC) has condemned the  evictions being carried out by municipalities, private security companies, and other state-sanctioned actors.

These evictions, often executed without court orders and in clear violation of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE), are described by the Commission as a “grave violation of the Constitution and a direct assault on the dignity of the most vulnerable in our society.”

The SAHRC expressed serious concern about statements made by Gauteng Premier Panyaza Lesufi, who indicated that evictions in Gauteng “will be conducted in the dead of night even ‘at 02h00 AM’” as part of efforts to reclaim hijacked buildings and dismantle informal settlements.

IOL previously reported that Lesufi announced plans to demolish illegal informal settlements, particularly those occupied by undocumented foreign nationals. Speaking after a Gauteng Executive Council meeting, Lesufi said demolitions would happen at 2 am but did not specify exact dates.

He revealed that over 400 new informal settlements have recently emerged and warned that “partnerships with municipalities will be strengthened” to stop further land invasions.

Citing a settlement in Ennerdale, he described a pattern of illegal occupation: “identify land owned by the government, send a few people, and after 72 hours, once there’s no eviction, invite everyone who needs land to occupy it.”

Lesufi accused organised syndicates of illegally charging settlers and demanding government services, saying, “If we have to meet in court, we’ll meet in court. But we are going to destroy those informal settlements.”

The Commission condemned such actions as “inhumane, degrading, and dangerous,” warning that these evictions “are likely to expose families to criminality, trauma, and displacement, and erodes the very foundations of our constitutional democracy.”

It highlighted the risk that “children might be torn from their homes, older persons losing access to care, and persons with disabilities being left without support or shelter.”

Reminding all organs of state of the Constitution’s emphasis on “human dignity, equality, and the right to adequate housing,” the SAHRC cited Section 26(3), which “explicitly prohibits evictions without a court order made after considering all relevant circumstances.”

The PIE Act enforces these protections by “requiring judicial oversight, meaningful engagement, and safeguards for vulnerable groups.” The Commission stressed that “these are not optional guidelines; they are binding legal obligations.”

Urging government officials, sheriffs, and private contractors to “uphold the Constitution, respect the rule of law, and protect the rights of those most at risk,” the SAHRC warned that “lawlessness, whether by omission or commission, cannot be tolerated.”

It described these unlawful evictions as “systemic failures that disproportionately harm the poor, the marginalised, and the voiceless.”

The Commission said it would continue to monitor these violations and escalate findings where necessary. However, monitoring alone is not enough. Political will, institutional accountability, and community empowerment are essential to ending this crisis.

Reiterating the need for humane and lawful eviction processes, the Commission said: “Eviction must never be a pathway to destitution. It must never be used as a tool of exclusion or punishment. It must be governed by compassion, legality, and justice.”

The SAHRC also announced plans to engage with the Minister of Cooperative Governance and Traditional Affairs, the Minister of Human Settlements, the South African Local Government Association, and the Private Security Industry Regulatory Authority to address the eviction crisis and seek solutions.

hope.ntanzi@iol.co.za 

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