The Draft Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2026: A Major Overhaul of South Africa’s Eviction Laws
Published: 16 April 2026 | Government Gazette No.54526
On 16 April 2026, the Minister of Human Settlements, Ms. T.P. Simelane, published the Draft Prevention of Illegal Eviction from the Unlawful Occupation of Land Amendment Bill, 2026 for public comment. This represents the most significant proposed reform to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (the “PIE Act”) in nearly three decades.
The Bill seeks to address practical challenges that have emerged since 1998, including organized land invasions, high-rise building hijackings, inconsistent court interpretations, and the unsustainable financial burden placed on municipalities to provide alternative accommodation. It aims to strike a better balance between protecting the rights of unlawful occupiers and restoring investor and property-owner confidence.
Public comments are invited for 60 days (closing mid-June 2026). Submissions may be sent to PIE.AmendmentBill@dhs.gov.za
Key Amendments at a Glance
1. Updated and Expanded Definitions
The Bill introduces clearer definitions to reduce ambiguity in court proceedings:
- “Alternative accommodation” is now expressly defined as temporary shelter that meets standards prescribed in the National Housing Code 2009. It must be reasonable, taking into account location, availability of land and resources, and prevent homelessness.
- “Evict” and “Land” have been broadened to cover the occupation of land with or without buildings or structures, closing the loophole often exploited in land invasions.
- “Person in charge” now includes any organ of state that administers or controls land, even if it is not the registered owner.
- “Unlawful occupier” has been refined to ensure equal application of the Act while excluding labour tenants (who fall under separate legislation).
2. Tougher Offences for Organised Unlawful Occupation
A major focus of the Bill is deterring the growing trend of organized land grabs:
- It becomes an offence to incite, arrange, organize or permit any person to occupy land without the owner’s consent (even if no payment is received).
- Receiving or soliciting any “consideration” (including membership fees, administration costs, service connection fees or assets bought with such funds) for unlawful occupation remains criminalised.
- Maximum penalty: a fine of up to R2,000,000.00 or imprisonment for up to 2 years, or both. Courts must consider the scale and value of the land occupied when sentencing.
- Convicted persons face forfeiture of money or assets, which can be returned to victims or paid into the National Revenue Fund or a municipal operating account.
3. Significant Changes to Eviction Procedures
The Bill streamlines and strengthens court processes:
- Mandatory notice and joinder: At least 14 days’ written notice must be served on the unlawful occupier, the relevant provincial Department of Human Settlements and the relevant municipality. These organs of state (and any other interested organ of state) must be joined as parties to the proceedings.
- Single “just and equitable” test: The previous distinction between occupiers of less than six months and more than six months is removed. All unlawful occupiers will now be treated equally.
- Courts must consider additional factors, including:
- The circumstances and pace, scale, and frequency of the occupation;
- Availability of suitable alternative accommodation or land;
- The rights and needs of vulnerable groups (elderly, children, persons with disabilities, and women-headed households).
- Expanded court powers include ordering compensation for improvements or crops, retention or demolition of structures, and making the provision of temporary alternative accommodation a condition of an eviction order (with possible time limits).
4. Mandatory Mediation When Municipalities Own the Land
Where a municipality is the owner or person in charge of the land, the relevant provincial Member of the Executive Council must appoint a mediator with dispute-resolution expertise. This introduces a compulsory mediation step aimed at resolving disputes more efficiently and reducing prolonged litigation.
Practical Implications for Clients
(i) Property owners and developers
The amendments provide stronger tools to combat unlawful occupations and building hijackings. However, the mandatory involvement of provincial departments and municipalities may add layers to the process. Early legal advice on notice requirements and evidence collection will be critical.
(ii) Municipalities and organs of state
The Bill imposes new mandatory obligations and potential financial responsibilities for alternative accommodation. Municipalities that own land will also face compulsory mediation processes.
(iii) Investors and the property sector
By clarifying definitions, increasing penalties for organised invasions and giving courts wider discretion, the Bill seeks to improve investor confidence and stimulate economic activity in the property market.
(iv) Legal practitioners
Eviction applications will require more comprehensive papers, mandatory joinder of government parties, and careful attention to the new “just and equitable” factors. The removal of the six-month distinction simplifies strategy but demands updated pleadings and court submissions.
What Should You Do Now?
- Review your current eviction strategies in light of the proposed changes.
- Consider submitting comments on the draft Bill before the 60-day deadline – particularly if you represent clients affected by land invasions or municipal housing obligations.
- Seek proactive legal advice on how these amendments may impact pending or future matters once enacted.
The Department has indicated an estimated implementation cost to the state of R1.3 billion, signalling the seriousness with which government is treating this issue.
Conclusion
The Draft PIE Amendment Bill, 2026, signals a clear policy shift: tighter controls on unlawful occupation combined with fairer, more efficient eviction procedures and mandatory government participation. While the final wording may still change following public comment, the direction of travel is evident.
The Legal Team is monitoring the legislative process and is available to assist clients with comment submissions, risk assessments, or updates on how these changes may affect their portfolios.
(See the attached to read the full Government Gazette: AMENDMENT OF PREVENTION OF ILLEGAL EVICTION FROM AND UNLAWFUL OCCUPATION OF LAND (PIE) ACT 19 of 1998)