DURBAN, KWAZULU-NATAL — The shack dwellers movement Abahlali baseMjondolo has intensified its nationwide resistance against the proposed Prevention of Illegal Eviction Amendment Bill, arguing that the draft legislation leads to the criminalization of poverty and undermines grassroots land reform. Secretary-General Thapelo Mohapi condemned the proposed changes, warning that the amendments threaten to strip vulnerable communities of their constitutional protections against arbitrary homelessness.
Protests have recently erupted across multiple provinces, including Mpumalanga, Gauteng, and KwaZulu-Natal, as the movement pushes back against the legislation. While property experts argue that the proposed changes are vital to stop organized syndicates from hijacking buildings and land, activists maintain that the bill targets the poor and those fighting for housing rights.
Speaking on the core objections to the bill, which was introduced by the Department of Human Settlements on April 16, Mohapi highlighted current legal safeguards. Under Section 26(3) of the Constitution and the existing Prevention of Illegal Eviction (PIE) Act of 1998, courts are required to consider the relevant circumstances of occupants—such as unemployment—before issuing an eviction order, ensuring people are not rendered homeless. Mohapi argues the amendment would allow government and private owners to evict people at will.
Drawing heavy historical parallels to the apartheid era, Mohapi criticized the Government of National Unity (GNU) for reconsidering such legislation. He compared the proposed bill to the 1951 Prevention of Illegal Squatters Act, which was designed to prevent Black people from residing in cities unless they were there for work. He described the new bill as unfair, anti-poor, and anti-black, warning that it would result in the immediate demolition of structures built by rural migrants seeking educational and economic opportunities in cities that have become increasingly expensive for ordinary people.
A major point of contention is the bill’s proposed penalties, which include fines of up to R2 million or two years in prison for anyone who incites, organizes, or permits the occupation of land without the owner’s consent. Mohapi stated that this clause directly criminalizes poor Black communities and threatens activists. He noted that gathering personal circumstances for residents facing eviction or encouraging them to resist unlawful demolitions could now see activists labeled as “inciters,” making them liable for impossible fines or imprisonment.
Addressing the perspective of property owners, Mohapi acknowledged concerns raised by small-scale owners, such as pensioners, who struggle with non-paying backyard tenants, as well as ratepayers associations who argue that informal settlements devalue their properties. However, he proposed mixed-use developments as a sustainable alternative. He commended a current development in Sheffield Beach, Ballito, which integrates RDP houses, rental stocks, and backyard dwellers on prime land, arguing that the working class, who build the cities, must be allowed to live in them.
Mohapi also addressed the government’s concerns regarding “land mafias.” He stated that the movement is aware of individuals profiting off the plight of the poor by renting out shacks and selling land. He affirmed that Abahlali baseMjondolo is willing to provide the government with the names of these syndicates so they can be imprisoned, but emphasized that criminalizing activist organizations is not the solution to the housing backlog.
Ultimately, the movement is calling for inclusive, multi-stakeholder engagements. Emphasizing the principle that there should be no development without the people, Mohapi stressed that the government must stop making decisions behind closed doors with private land developers and ratepayers associations while excluding the poorest citizens. Following the handover of a memorandum to the Deputy Director-General in Durban, the movement reiterated that meaningful solutions require the poor to be treated as equal citizens at the negotiating table, rather than being marginalized by laws that further impoverish them.
