JOHANNESBURG, Gauteng — As the PIE Act amendment moves forward to combat property hijackings, the Socio-Economic Rights Institute of South Africa (SERI) insists that unlawful occupation is not a crisis, but rather a direct consequence of historic inequality.
The legal push comes at a time of heightened public tension, with communities actively evicting undocumented foreign nationals from buildings and houses alleged to have been taken over illegally. Against this backdrop, the cabinet approved the publication of the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Amendment Bill in the government gazette this past April.
The proposed legislation is designed to fortify defenses against illegal land invasions while simultaneously shielding small landlords and vulnerable tenants. Among its key provisions, the bill introduces harsher penalties for individuals who incite unlawful occupation. It also broadens the authority of municipalities to interdict invasions, enforces mandatory mediation processes, and establishes clear guidelines for alternative accommodation.
Despite the public outcry, SERI argues that the root of the issue lies in the country’s systemic past rather than a sudden emergency. Nkosinathi Sitole from SERI explained that during the apartheid era, black South Africans were legally barred from living in urban centers. In the current democratic dispensation, the black majority naturally migrates to cities in search of employment and human settlements—a demographic shift Sitole argues cannot be labeled a crisis or a “pandemic.”
Instead, Sitole points to the stagnation of government housing initiatives launched in 1997, such as the RDP. He noted that the failure to progressively fulfill the constitutional mandate for adequate housing is what forces individuals into informal settlements and inner-city buildings.
Addressing the legal safeguards, SERI internal candidate attorney Yongeza Mbimbi emphasized that the foundational purpose of the PIE Act is to uphold constitutional rights. He highlighted Section 26(3) of the Constitution, which strictly dictates that no person can be evicted from their home without a formal court order.
From an industry perspective, property investor and estate agent Olebogang Nong highlighted the punitive measures that the updated legislation will bring to the real estate sector. He warned that the amended PIE Act will impose significantly stricter conditions on those who illegally take over properties.
According to Nong, the revised legal framework means that individuals convicted of hijacking buildings or homes could soon face jail time. Looking toward the future of the sector, he also encouraged young South Africans to pursue careers in the property industry, urging them to thoroughly educate themselves on the legislative acts designed to protect homeownership.