Tag

Illegal eviction Archives | Eviction Lawyers South Africa

Jul 02
0

Proposed changes to PIE Act

By | Eviction news, PIE, Rental Housing Act, Tenants

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.

Further reading:

Feb 06
0

Land occupiers voice desperation over ‘threats and intimidation’

By | Eviction news, Homeless

Reprinted from iol.com, by Nomzamo Yuku – 2023-02-04

Cape Town – The Khoisan community claiming to be the original land owners of Knoflokskraal in Grabouw and Klutjieskraal in Wolseley, say government is pushing them beyond their limits with illegal evictions and threats.

They spoke following a reported attack by security members deployed at the Knoflokskraal, who allegedly ordered a resident to vacate his home after he attempted to expand his property, last month. They said the security team was accompanied by police officers and that after failing to give the residents a court order for the eviction, they allegedly destroyed the extended structure and told them they would be back to order them to leave their homes.

The two informal settlements were allegedly established two years ago when many say they lost their incomes and could not afford to pay rent anymore and invaded unoccupied land. The two pieces of land belong to the National Department of Public Works, and there have allegedly been illegal evictions ever since.

“We can’t live like this anymore. These people do as they please to us any time they want, threatening to destroy our homes. We fought this battle last year and just when we thought it is over they come again. If it wasn’t for the community I would be homeless. Our only defence was to demand the court order of which they couldn’t provide. We want the the municipality and the department of public works to stop this. We are not criminals, we can’t live in fear every day of our lives,” said Adnaan Backett, 58.

Patricia de Lille, Minister of the national Department of Public Works and Infrastructure said: “The occupants were restricted from building new structures on the properties as per the Containment Order that is currently in place.”

Provincial police spokesperson Lieutenant Colonel Malcolm Pojie confirmed that police attended to the matter.

The incident angered the Khoisan community as the Klutjieskraal dwellers, who witnessed homes destroyed until January 28, recalled how the disabled and sick Christopher Steyn, 60 , was left homeless in December 2022, when structures were illegally destroyed without a court interdict. The community opened cases with police against the law enforcement security company, which they say, was in vain.

“I couldn’t believe it when I heard they attacked residents again in Knoflokskraal. Our case is not resolved yet, there’s been no feedback and my fear is that if they do it that side, they usually come for us too. The communities were started almost at the same time and it’s no secret that they’re being targeted. But where must we go if they don’t give us land. As sick and disabled as I am, I’ll defend my rights to be on this land if I have to. Our people, all over the country are victims but yet are not provided with basic needs, where must they live? Government must stop these evictions,“ Steyn said.

Pojie confirmed that Wolseley Police are investigating cases of malicious damage to property.

He said police are tasked with safeguarding the sheriff of the court and are not involved in the demolition of any structures, “nor the intimidation of such. The local authority usually appoints a company to execute the demolition of illegal structures as per court order or interdict.”

Meanwhile, Andy Wynard, community leader at the Knoflokskraal insettlement said authorities were quick to respond and attack people but disregard important issues such as service delivery. He said public works needed to grant permits to the municipalities to provide services instead of fighting them over the land.

“Give dignity to the people, don’t victimise them. Our youth is tired of this…We don’t want to protest or be violent,” he said.

“We can’t have this in our country, our soil and our inheritance,” concluded Yulanda Wakefield, the chairperson of the Klutjieskraal Core Group, saying in last month alone, about eight homes were demolished with the last incident on January 28.

De Lille said there was no eviction order against the said properties. She said the future of the property has not yet been determined since the lease with the department of Forestry, Fisheries and the Environment expired.

For further information

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you are concerned about unlawful eviction or if you need advice on the eviction process.

Further reading:

Nov 19
0

Illegal evictions appeal: judgment reserved

By | Eviction news, Evictions, Homeless

Reprinted from iol.com, by Nicole Daniels – 2021-11-17

CAPE TOWN – Judgment has been reserved in the City’s appeal of an interim interdict granted by the Western Cape High Court last year, which prevents it from conducting evictions and demolitions of occupied and unoccupied structures during the National State of Disaster.

The matter before the Supreme Court of Appeal (SCA) stems from the public eviction of a naked Bulelani Qolani from his Khayelitsha home in July 2020.

The Legal Resource Centre (LRC), representing the respondents in the matter who include the South African Human Rights Commission (SAHRC), the Housing Assembly and Qolani together with Mfuleni residents and the EFF, said: “Our clients opposed the application. Their position has mainly been that the interdict was appropriately granted by the Western Cape High Court as the facts and circumstances warranted the application.”

The City meanwhile said they could not yet comment.

“The City has no comment on the matter as judgment has been reserved and will comment once the court delivers its judgment.”

While judgment from the SCA is reserved, the parties also await a judgment from the Western Cape High Court which seeks “to declare the common law principle of counter-spoliation unconstitutional.”

Counter-spoliation relates to the legality of landowners’ right to forcibly take possession of their land from invaders without a court order.

The LRC said this case was important for many reasons, among them being that it “hones in the importance of judicial oversight and access to courts to the most vulnerable people in our society.”

“The eviction of Bulelani Qolani from his home in July 2020 displayed in full the horror of homelessness in Cape Town and its associated precarity. It is clear to anyone who watched the video that the eviction of Mr Qolani – in the midst of a pandemic that required people to stay home – that the actions of the City clearly conflicted the legislation around evictions, the moratorium on evictions, the regularly gazetted Disaster Management Regulations and do not conform with their Constitutional duties. These actions emphasised the crucial need for judicial oversight in any eviction,” the organisation said.

For further information

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

Further reading: