Warning about new bill and private property rights in South Africa

Property rights will not be sufficiently protected if the Draft Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Amendment Bill is passed.

This is the warning from Theo Joubert, a member of the Northern Cape Provincial Legislature and a Freedom Front Plus party representative.

The PIE Amendment Bill represents a legislative shift in how South Africa handles land invasions, building hijackings, and rental disputes.

The bill seeks to empower municipalities, state entities, and private property owners to respond more decisively to illegal occupations and evictions.

Human Settlements Minister Thembi Simelane said the amendments will strengthen the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998.

The move comes amid a rise in unlawful land and building occupations by individuals and organised groups across South Africa.

This situation is placing a significant financial and administrative burden on both the government and the private sector.

The new proposals include introducing an additional offence to include those who incite or organise illegal occupations, even where no money is exchanged.

It also includes imposing a fine of R2 million or imprisonment on a person or individuals who incite people to unlawfully occupy land.

The definition of ‘Person in Charge’ will be expanded to enable municipalities to apply for an urgent interdict even when they are not the owners of the land being invaded. 

The court is also afforded a discretion to stipulate a period for which alternative accommodation or land must be made available to the unlawful occupier.

The court that orders the eviction may make an order for retention or the demolition and removal of improvements or structures on the land. 

“It targets those who unlawfully sell land or property that does not belong to them, and those who incite unsuspecting people to unlawfully occupy land,” said Simelane.

“It proposes stronger measures, including the forfeiture of assets acquired through such illegal means and hefty fines.”

Not enough, says Theo Joubert

The Freedom Front Plus’ Theo Joubert said that property rights will not be sufficiently protected by the Draft PIE Amendment Bill.

“The party endorses promoting human dignity and legal certainty, but, in addition to failing to adequately protect property rights, the Bill also has several flaws,” he said.

He said that over the past two decades, the existing PIE Act has evolved into a system that does not protect private property owners.

“It saddles private property owners with the financial and legal burden of unlawful land occupations, while government organs fail to fulfil their obligations,” he said.

“The proposed legislative amendments inadequately address this imbalance. Both the right to housing and property rights are constitutionally enshrined rights,” he said.

“Section 25 of the Constitution protects property rights and remains a cornerstone of economic growth, food security, investor confidence and individual freedom.”

A particular cause for concern is that the Amendment Bill leaves leeway for the government’s duty to provide alternative housing to be shifted onto private landowners.

“In contrast, the Constitutional Court has already confirmed that this responsibility lies with the government and not landowners,” he said.

Freedom Front Plus proposed that the Act should provide for a 14-day period within which unlawful and unestablished land occupations can be terminated.

Currently, the police frequently refuse to act because such matters are regarded as civil disputes.

Consequently, landowners often cannot obtain legal relief before occupations become established.

In addition, the party proposed that adjacent owners, community organisations and other interested parties should have the right to make eviction applications.

“Public office-bearers who facilitate unlawful land occupations or deliberately fail to act should also be held criminally liable,” he said.