JOHANNESBURG, Gauteng — The Socio-Economic Rights Institute of South Africa (SERI) has stated that unlawful occupation is not a crisis but a symptom of historic inequality, even as the government moves forward with the PIE Act amendments to combat building hijackings.
The debate comes as the country sees heightened tensions regarding the eviction of undocumented foreign nationals and others from allegedly hijacked buildings and houses. In April, the cabinet approved the publication of the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Amendment Bill in the government gazette.
The proposed legislation aims to strengthen measures against illegal land invasions while simultaneously protecting vulnerable tenants and small landlords. Key provisions of the bill include introducing stricter penalties for inciting unlawful occupation, expanding municipal powers to interdict invasions, and mandating mediation alongside clear alternative accommodation guidelines.
Despite the heightened public concern, SERI maintains that the issue is deeply rooted in the country’s past. Nkosinathi Sitole from SERI explained that the movement of black South Africans into urban areas post-apartheid to seek employment and human settlements cannot be classified as a crisis.
Sitole attributed the current situation to stalled housing programs, such as the RDP initiated in 1997. He noted that the failure to progressively deliver on these constitutional demands is what has resulted in people finding themselves in unlawful occupations in inner-city buildings and expanding informal settlements. He emphasized that the situation is not a “pandemic,” but rather a systemic issue the government must actively work to resolve.
Addressing the legal framework, SERI internal candidate attorney Yongeza Mbimbi clarified that the existing PIE Act remains a vital tool for protecting constitutional rights. He highlighted Section 26(3) of the Constitution, which ensures that no individual may be evicted without a valid court order.
Meanwhile, industry professionals are looking at the practical implications of the upcoming legislative changes. Property investor and estate agent Olebogang Nong warned that the amended PIE Act will impose much stricter conditions on those responsible for taking over properties.
Nong noted that the updated laws could result in individuals facing jail time if they are found guilty of hijacking buildings or properties. Looking toward the future of the sector, he also urged young people to enter the property industry and take the time to familiarize themselves with the various legislative acts designed to protect homeowners.
