The proposed amendments to South Africa’s eviction laws are set to offer stronger protection for ordinary landlords renting out backyard rooms and small properties, while giving municipalities greater authority to respond to unlawful land occupations.
Human Settlements Minister Thembi Simelane said the Prevention of Illegal Eviction (PIE) from and Unlawful Occupation of Land Amendment Bill is designed to support everyday South Africans who rely on rental income, particularly in township and informal settings.
Speaking to SAnews following the announcement of the release of the bill for public comment on Thursday in Pretoria, Simelane explained that the bill recognises the realities of small-scale landlords who lease out backyard rooms or informal dwellings as a primary source of income.
“It does not matter the scope or size of what you are leasing. Many people survive by renting out rooms. This bill ensures they are protected and have accessible legal recourse,” the Minister said.
Under the proposed changes, she said disputes between landlords and tenants can be referred to the Housing Tribunal, offering a low-cost alternative to courts. The tribunal will have the authority to mediate, issue legally recognised certificates and sanctions, and make rulings that can be enforced through the courts.
This means landlords could obtain legally binding orders requiring tenants to vacate a property within a specified timeframe, with eviction possible if the order is not complied with.
Stronger role for municipalities
The bill also introduces significant changes aimed at empowering municipalities, particularly in cases where land invasions place pressure on service delivery.
The Minister noted that municipalities often face the burden of providing water, electricity and sanitation to informal settlements that emerge through unlawful occupation, even when the land belongs to other entities.
She said the proposed amendments will allow municipalities to be formally joined in eviction proceedings, even where they are not the landowners.
“For example, where land owned by entities such as Transnet is unlawfully occupied, municipalities will be able to participate in court processes to outline their service delivery plans and constraints. This is a critical shift from the current legal framework, which often limits municipal action when land is not municipally owned.
“This is the first time municipalities will have automatic joinder in such matters. Previously, they were often unable to act, even though they carried the responsibility for providing services,” she told SAnews.
The amendments are also expected to strengthen enforcement of municipal by-laws, particularly in cases where land zoned for agricultural use is unlawfully converted into residential settlements without approval.
She said illegal occupations disrupt planned service delivery and unfairly disadvantage residents who are waiting for housing and basic services through formal processes.
Protecting vulnerable communities
While the bill takes a firmer stance on unlawful occupation, the Minister emphasised that it also seeks to protect vulnerable individuals who may unknowingly purchase or occupy illegally sold land.
“Some community members fall victim to illegal land sales and only discover the illegality when facing eviction or demolition of their homes.
“The legislation aims to strike a balance between enforcement and fairness, ensuring that evictions are handled within a clear legal framework that considers the rights and circumstances of affected individuals,” she explained.
Public participation underway
The Department of Human Settlements is rolling out public consultations across all provinces, including targeted engagements with property associations, civil society organisations and community groups.
Simelane said the outreach aims to ensure that ordinary citizens, particularly those unfamiliar with legal processes, understand the proposed changes and are able to provide input.
“This bill is about protecting ordinary community members. We want people to understand it, engage with it, and make their voices heard.”
The amendment process forms part of broader efforts to strengthen the legal framework governing evictions and land occupation, while promoting fairness, improving service delivery, and supporting sustainable human settlements. – SAnews.gov.za
