What do they mean for property owners and communities?
In recent weeks, a Private Member’s Bill tabled by the Democratic Alliance (DA) has brought the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (commonly known as the PIE Act) back into the spotlight. The Bill proposing changes to PIE is currently moving through Parliament and was considered by the Portfolio Committee on Human Settlements on 28th May.
Whether you’re a property owner or tenant or just concerned about land issues in South Africa, it is worth understanding what this amendment seeks to do and why it is generating debate.
What is the PIE Act?
The PIE Act was enacted to give effect to Section 26 of the Constitution, which guarantees everyone the right to adequate housing and protects against arbitrary evictions. The PIE Act lays out procedures that must be followed before someone can be evicted from land or buildings they occupy, even if unlawfully.
At its heart, PIE is about balancing the rights of property owners with the dignity and basic needs of unlawful occupiers, especially vulnerable people like the elderly, children and the poor. However, over time, many property owners and municipalities have argued that the Act is too rigid and has been exploited by bad actors, leading to long, expensive legal battles and delays in evictions – even in cases where the occupation is clearly in bad faith.
Why is an amendment proposed?
The DA’s proposed changes to PIE stem from growing concerns around what are often referred to as “land invasions” – the organised and often politically motivated occupations of land, including private or municipal property, without permission. The party argues that illegal occupations, especially those not driven by genuine housing need but by opportunism or criminal intent, are harming both property owners and the broader community. Municipalities are forced to divert funds meant for housing developments to protect land from invasion or to litigate evictions.
What does the amendment propose?
The main features of the Bill cover:
- Criminalising the incitement of land invasions: It would become a criminal offence to encourage, organise or incite others to unlawfully occupy land – even if no money changes hands. This aims to address political operatives and syndicates who allegedly orchestrate invasions for gain or influence.
- More defined criteria for courts: Currently, courts must consider certain factors (like whether alternative accommodation is available) before granting an eviction. The amendment would require clearer and more specific criteria for courts to follow, particularly where the occupation is clearly in bad faith.
- Time limits for municipal obligations: If a court orders a municipality to provide alternative accommodation to an unlawful occupier, it must also specify the duration of that provision. This would help municipalities plan and avoid indefinite obligations.
Why changes to PIE matter
Land and housing are emotionally and politically charged issues in South Africa, where the legacy of apartheid dispossession still looms large. The PIE Act was part of a constitutional effort to ensure nobody is evicted without due process. However, the system needs to be practical. There’s a growing view (especially among property owners, small landlords and some municipalities) that the current law makes it too difficult to reclaim property, even from unlawful occupiers who have no right to be there.
The challenge lies in distinguishing between genuine need and bad faith. Not every unlawful occupier is a land invader; many people are desperate and have nowhere else to go. But there are also cases where criminal groups exploit the housing crisis to occupy land illegally and sell plots or rent out structures for profit.
Learn more: read our Complete 2025 Guide to Evictions in South Africa.
The road ahead
The proposed amendment will go through a public consultation and parliamentary process. This is an opportunity for all stakeholders (including legal experts, civil society, municipalities and the public) to present their views and objections.
At SD Law, we will observe the debates around this complex issue, which strives to balance constitutional rights with practical realities, and report any updates as they happen on this website.
For further information
Eviction lawyers SD Law can answer your questions about rental housing rights and advise you on eviction procedure if it becomes necessary. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za. Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban working hard to help landlords and tenants maintain healthy working relationships.
