PIE Under Review: What Every Property Owner Should Know

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (“PIE”) regulates the eviction of unlawful occupiers in South Africa. It seeks to balance the constitutional rights of property owners with the right to housing of unlawful occupiers by ensuring that evictions take place only through fair and lawful court procedures. The Act establishes the legal process that must be followed before an eviction may take place, rather than criminalising unlawful occupation.

Under the current legal framework, no eviction may take place without a court order.

Adequate notice must be given to both unlawful occupiers and the relevant municipality and the court must determine if the eviction is just and equitable considering all the circumstances. The Act prohibits self-help evictions and requires consideration of the occupier’s vulnerability, duration of occupation, hardship and the availability of relocation or alternative accommodation.

What is the Proposed PIE Amendment Bill and its Purpose?

The PIE Amendment Bill proposes several significant changes to the current framework. If enacted, it would seek to:

• clarify eviction procedures;

• address organised land invasions;

• define the responsibilities of municipalities;

• improve coordination between role players in an eviction proceeding; and

• strengthen enforcement mechanisms within the existing legislation.

Among the proposed changes are the introduction of certain criminal offences, expanded responsibilities for municipalities and mandatory mediation in specific circumstances. While the current PIE Act focuses primarily on ensuring fair, court-supervised eviction proceedings after an unlawful occupation has occurred, the proposed amendments would introduce stronger mechanisms aimed at preventing and responding to unlawful land invasions at an earlier stage.

The proposed Bill will also continue to protect the rights and needs of vulnerable individuals. It provides that where an eviction may result in the need for temporary or alternative accommodation, the relevant municipality must be joined to the proceedings. It also seeks to provide clearer guidance on the provision of alternative accommodation, ensuring that affected persons are treated with fairness and dignity throughout the eviction process.

What does this mean for the Municipality, Owners and Landlords?

If enacted, the proposed amendments will place greater responsibility on municipalities. Their role in eviction proceedings is expected to expand through greater involvement in litigation, provision of information relating to temporary or alternative accommodation, mediation support and, in certain instances, enforcement planning.

For property owners and landlords, the proposed amendments could provide stronger mechanisms for addressing organised unlawful occupation at an earlier stage.

Conclusion

The proposed PIE Amendment Bill aims to improve the current eviction framework by clarifying the eviction process, strengthening enforcement measures and providing guidance on the roles and responsibilities of the municipalities and other stakeholders. At the same time, it continues to recognise the importance of protecting vulnerable occupiers while ensuring that eviction proceedings remain fair, lawful and consistent with the Constitution.

Although the Bill is not yet law, property owners, landlords and municipalities should remain informed of these proposed changes and seek legal advice where necessary to understand how they may affect future eviction proceedings.

Written by: Caylee van der Bergh
Moderated and approved by: Rohula Kgabu-Mnyayi

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