What does it include and why the debate?
If you are a landlord you are undoubtedly familiar with “PIE” or, to give it its full name, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998. Currently a draft amendment bill is undergoing public consultation. The Minister of Human Settlements, Thembi Simelane, held a media briefing in April and the bill is open for public comments until 16 June. The amendment bill is causing an element of controversy and debate. We look at the issues raised by critics of the bill.
Purpose of PIE
No one needs reminding that, under apartheid, there was considerable injustice in the housing market. People were often removed from the land they occupied without due process (fair treatment). Under the young democracy, PIE was one of the laws enacted to right historical wrongs and give effect to rights guaranteed by the Constitution, in this case the right to adequate and secure housing as enshrined in Section 26. PIE in particular sought to prevent arbitrary evictions.
Shortcomings of PIE
While the intentions were honourable, the wording of PIE led to protection against eviction that went beyond the purpose of the law. Rather than protecting vulnerable unlawful occupiers, e.g., squatters, who may have lacked access to the formal housing market, it extended protection to former occupiers whose legal right to occupy a property may have come to a natural end.
The result of this inadvertent overly broad protection from eviction was not greater access to housing but a more tightly controlled housing market with more restricted access to those not already on the housing ladder. It increased the risk for landlords and contributed to higher rents and stricter screening.
2006 amendment bill
The challenges inherent in PIE were recognised and an attempt was made in 2006 to amend the Act. The PIE Amendment Bill 2006 sought to clarify the eviction procedure and the wording clearly excluded former lawful occupiers from PIE protection once the legal basis for their occupation had ended. However, that bill was never enacted.
2026 amendment bill provisions
The current bill open for consultation revisits the aim of strengthening the laws governing illegal occupations and evictions. It intends to make the Act easier to understand and simpler to enforce. It does not, claims the Government, lessen the protection for vulnerable groups. But it does seek to crack down on illegal occupations, introducing an offence covering incitement or organisation of illegal occupations. Municipalities and private owners will be empowered to respond more assertively to illegal occupation of their land or buildings. Vulnerable groups will be safeguarded by measures allowing the stipulation of the period for which alternative accommodation must be made available to unlawful occupiers.
Why the debate?
Critics argue that the drafting of the 2026 amendment bill does not adequately address the challenges in the original Act. The wording used in the 2006 bill expressly excluded “holders over”, i.e., previous legal occupants whose legal right of occupation has ended. The 2026 bill does not contain the same clarity of language. Housing activists are concerned that the result is continued protection for those already in the formal housing market and reinforced barriers to access for those stranded outside it.
Have your say – public comment invited
At SD Law, we uphold the right of tenants to secure housing. We also believe owners have the right to enjoy their property for whatever purpose, whether as an income-earning asset or a residence. And sometimes a property’s function needs to shift from one to the other. The law must ensure such a change of use can be effected lawfully with relative ease. Otherwise, property owners may be reluctant to become landlords.
We encourage property owners to scrutinise the PIE amendment bill 2026 and provide feedback to PIE.AmendmentBill@dhs.gov.za by 16 June 2026. If you have questions regarding how the proposed amendments will impact your property or your circumstances, contact one of our attorneys on 086 099 5146 or simon@sdlaw.co.za for practical guidance on your rights and obligations. Simon Dippenaar & Associates, Inc. is a firm of estate and eviction attorneys in Cape Town, Johannesburg and Durban.
