JOHANNESBURG, Gauteng — The South African Human Rights Commission (SAHRC) has formally evaluated the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Amendment Bill, cautioning that the proposed legislation risks criminalizing poverty and eroding vital homelessness safeguards. While the human rights body supports updating the legal framework to tackle building hijackings, unlawful occupations, and procedural uncertainties, it insists the bill must not ignore the severe realities of the national housing shortage and land insecurity.
The legislative debate arrives at a critical juncture, marked by ongoing friction between property rights, municipal service delivery pressures, and the constitutional mandate for housing access. Recent judicial rulings concerning informal settlements have only underscored the delicate balancing act required to enforce the law without marginalizing vulnerable populations.
Confronting Historical Inequalities
Providing historical context to the current debate, SAHRC Commissioner Philile Ntuli (also addressed as Commissioner Billy during the broadcast) highlighted a constitutional dialogue hosted by the commission on June 19. The event was convened to reflect on the enduring legacy of the 1913 Native Land Act.
According to the commission, more than a century later, South Africa continues to grapple with deep-seated structural inequalities regarding land, housing, and economic access. Therefore, any discourse surrounding property rights and unlawful occupation must be firmly rooted in the nation’s constitutional commitments to transformation, equality, and human dignity. The SAHRC’s submission aims to help the bill pass constitutional muster by addressing provisions that could unintentionally harm marginalized groups.
Distinguishing Between Shelter and Exploitation
Addressing the core of the proposed amendments, the commission acknowledged the warnings raised by street activists regarding the potential criminalization of poverty. The SAHRC stressed that South Africa is navigating a profound housing crisis rather than a simple enforcement issue; many citizens occupy land simply because they have no viable alternatives.
However, the commission also recognized that certain land occupations are orchestrated for profit or involve criminal exploitation. The primary challenge for lawmakers, Ntuli noted, is drafting legislation with robust constitutional safeguards that clearly distinguish between vulnerable individuals seeking basic shelter and those deliberately exploiting unlawful occupations for personal gain. The goal is to ensure that impoverished citizens are not penalized simply for their economic status.
Demanding Meaningful Public Participation
A cornerstone of the SAHRC’s submission is the urgent need for genuine public participation. The commission argues that democracy relies on the will of the people, and depriving the public of the chance to comment on legislation strips them of their role as active citizens.
Ntuli emphasized that consultation must be substantive, not merely a procedural box-ticking exercise. The communities most impacted by eviction laws frequently face systemic barriers to engagement, including digital exclusion, language differences, transport costs, and a lack of access to legal information. Consequently, the commission has urged lawmakers to halt any further progression of the bill until all affected South Africans are afforded a meaningful opportunity to voice their concerns and influence the policy.
Looking Beyond Enforcement to Root Causes
While the proposed bill places a heavy emphasis on governance and enforcement, the SAHRC maintains that unlawful occupation cannot be viewed in a vacuum. It is inextricably linked to broader national challenges, including spatial injustice, inequality, and the slow pace of land reform.
The commission cautioned that while eviction legislation can effectively regulate a process, it cannot independently resolve the underlying drivers that push people into informal settlements. For this reason, the PIE Amendment Act must be integrated within the wider framework of the national land reform project, which encompasses land restitution, redistribution, and the security of tenure.
Furthermore, Ntuli pointed to the rapid migration of rural citizens into urban centers. This demographic shift places immense strain on local governments, which are tasked with providing adequate housing for new arrivals. Ultimately, the commission argues that addressing unlawful occupation requires a comprehensive approach that pairs legislative enforcement with aggressive, systemic solutions to the country’s housing and spatial challenges.