The Department of Human Settlements has confirmed that the newly gazetted Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill is designed to protect both property owners and land occupants, while cracking down on syndicates that incite unlawful invasions.
According to the department, there has been a marked increase in the unlawful occupation of land across the country. Officials believe that in some cases, unsuspecting individuals are being lured by syndicates who intentionally break the law.
The amendment bill seeks to criminalize those who incite illegal property invasions.
“One is the introduction, as I said, of additional offense to include those who incite or organize illegal occupation even where no money is exchanged,” a departmental spokesperson told reporters in Pretoria.
The legislation would impose a fine of up to 2 million rand, imprisonment not exceeding two years, or both, on any person or individuals who incite people to unlawfully occupy land.
Abandoned buildings have also not been spared from unlawful occupation, the department noted. Landlords currently find it hard to evict occupants, with some using the law and the courts as delaying tactics.
The amendment bill seeks to enable municipalities to apply for urgent interdicts even when they are not the owners of the property. The department explained that regardless of who the land belongs to, once it is illegally invaded, municipalities are compelled to provide services enshrined in the constitution.
Officials denied that the bill will work against those who are desperate for housing.
“We are trying to make sure that we legislate both evictions,” the spokesperson said. “You can’t just wake up willy-nilly and evict. But it also withdraws the right for you that you can’t wake up willy-nilly and invade what is not registered otherwise it will be a lawless country.”
The public has until June to submit comments on the gazetted bill. The department will hold its first public engagement session in Ekurhuleni in May.