# summary - Link: https://dearsouthafrica.co.za/pie-amendment-bill/summary/ - Published: 2026-07-08T14:18:30+02:00 - Author: dearSA _Advert_ _Advert – scroll down_ [ have your say](https://dearsouthafrica.co.za/pie-amendment-bill/#havasay) The new bill aims to empower municipalities, state entities, and private property owners to respond more decisively to illegal occupations and evictions in the country. Most notably, it wants to make it an offence to incite others to illegally occupy land, with a R2 million penalty if found guilty of doing so. ### _Key Proposals in the Bill_ [R2 Million Fine or Jail Time for Incitement](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1738150189952-44103674-e29d31d9-c3be5520-2543f0d3-bd78) It creates a major new criminal offence targeting anyone who incites, arranges, organises, or permits people to unlawfully occupy land or property, even if they do not receive money for doing so. Those found guilty face a maximum fine of R2,000,000.00, up to two years of imprisonment, or both. [Targeting High-Rise Building Hijackings](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1738150189975-5d0623dc-47dc31d9-c3be5520-2543f0d3-bd78) The formal legal definitions of “evict” and “land” are explicitly expanded to cover buildings, structures, and portions of land. This is designed to close legal loopholes used by syndicates who hijack inner-city buildings and illicitly collect rent from vulnerable occupiers. [Evictions Without Mandatory Alternative Housing](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1738150854013-bb98f5fb-7d0931d9-c3be5520-2543f0d3-bd78) Crucially, the Bill gives courts the explicit discretion to grant an eviction order without requiring a municipality or organ of state to provide alternative land or accommodation. [Stricter Rules on "Alternative Accommodation"](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1738151172108-10076802-4d0031d9-c3be5520-2543f0d3-bd78) Where alternative housing is ordered, it is redefined strictly as a temporary emergency measure to prevent homelessness, aligned with the National Housing Code. Courts can now stipulate a fixed expiration date for this temporary shelter to stop people from staying indefinitely and straining municipal resources. [Removing Time-Period Distinctions](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1783512633817-0367706d-d5de) Currently, the law considers whether someone has occupied land for less or more than six months. The Bill deletes these time frames entirely, ensuring all unlawful occupiers are treated equally under the law, and requires courts to heavily weigh the pace, scale, and frequency of land invasions in the area. [Mandatory State Joinder and Mediation](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1783512663785-21d573d3-5a35) The relevant municipality and provincial department of human settlements must be formally joined as parties to any eviction court proceedings. If a municipality owns the occupied land, a mandatory mediation process must be initiated by the provincial Executive Council to avoid prolonged litigation. ### _Questions and answers_ [What is the main purpose of this Amendment Bill?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1763554389233-fdb8fee6-6da45520-2543f0d3-bd78) The Bill aims to address the rapid surge in unlawful land occupations and inner- city building hijackings across South Africa. The government intends to use these amendments to protect property owners, restore investor confidence, and relieve municipalities of the massive financial burden of providing alternative housing indefinitely. [Who introduced this legislation, and can the public comment?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1763554389265-aa09206a-77665520-2543f0d3-bd78) The Bill was published by the Minister of Human Settlements, Thembisile Simelane. Yes, public participation is open; the draft has been issued for public comment for a period of 60 days following its publication on 16 April 2026. [What are the penalties for organising or inciting a land invasion?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1763554389298-fbc55a3c-817c5520-2543f0d3-bd78) The Bill introduces severe criminal consequences. Anyone found guilty of inciting, arranging, or permitting unlawful occupation faces: - A fine of up to R2,000,000.00. - Imprisonment for up to two years. - Both a fine and imprisonment. [Does this penalty only apply to syndicates making money?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1771840733358-e4b2d08e-b226f0d3-bd78) No. The Bill explicitly creates a second offence targeting individuals who incite, arrange, or organize land invasions even if they do not receive any money or consideration for doing so. [What happens to the cash or assets collected by "shack lords" or building hijackers?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1771840767171-e194ee95-bf82f0d3-bd78) - Any money or assets bought with that money must be ordered forfeited by the court. - This forfeited money/property must be paid back to the victims if they can be identified. - If the victims cannot be identified, the funds are paid into the National Revenue Fund or directly into the local municipality’s operating account if the municipality administers the land. [Does this Bill apply to hijacked high-rise buildings?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1783512865129-ea36d5d5-04b0) Yes. The Bill expands the definition of “land” to explicitly include portions of land and any buildings or structures erected on them. This closes loopholes frequently exploited by syndicates who take over inner-city high-rises and illicitly extract rent from residents. [How does the Bill change how judges evaluate an eviction case?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1783512938223-faa1ffc3-495a) _Pace and Scale:_ In urgent and standard eviction proceedings, courts must now heavily weigh the pace, scale, and frequency of unlawful occupations in that area. _Timeframes Deleted:_ The Bill eliminates the current distinction between someone who has occupied land for under six months versus over six months. This is intended to ensure all unlawful occupiers are treated equally under the law without procedural differentiation. _Vulnerable Groups:_ Courts will maintain a requirement to review the specific rights and needs of the elderly, children, disabled persons, and households headed by women. [Who is legally forced to get involved in an eviction lawsuit now?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1783512882695-d10adca2-4244) The Bill introduces **mandatory joinder**. This means that the relevant local municipality, the provincial department of human settlements, and any other state organ with an interest must be formally made parties to the court proceedings. [Is the government always forced to provide alternative housing to evictees?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1783512996724-74e59164-2da8) No. In a major legislative pivot, the Bill explicitly states that if a court determines an occupier is unlawful, it may choose to grant an eviction order without requiring the municipality or any organ of state to provide alternative accommodation or land. [What happens if a court does order alternative emergency accommodation?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1783513025192-80b656e2-ffb6) If a court decides alternative housing is necessary to prevent immediate homelessness, strict new boundaries apply: - It is legally defined as temporary accommodation that meets the basic minimum standards of the National Housing Code. - The court must explicitly stipulate a fixed timeframe for how long that temporary accommodation will remain available to the evictees. This prevents individuals from occupying emergency municipal shelters indefinitely. [What happens if the occupied land belongs to the local municipality?](https://dearsouthafrica.co.za/pie-amendment-bill/summary/#1783513069999-7a2fea86-b745) To avoid lengthy, expensive legal standoffs, the Bill introduces mandatory mediation. If a municipality owns or controls the land in question, a Member of the Executive Council (MEC) of the province must appoint an expert dispute resolver to facilitate meetings and attempt to settle the matter before it drags through the courts. The draft PIE Amendment Bill ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/07/08142123/260416amendment_of_prevention_of_illegal_eviction_from_and_unlawful_occupation_of_land_pie.pdf) [Download [696.70 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/07/08142123/260416amendment_of_prevention_of_illegal_eviction_from_and_unlawful_occupation_of_land_pie.pdf) Notice from the Minister ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/07/08142206/260416PIE_AMENDMENT_BILL_MEDIA_STTEMENT_2026_FINAL.pdf) [Download [165.35 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/07/08142206/260416PIE_AMENDMENT_BILL_MEDIA_STTEMENT_2026_FINAL.pdf) ### _Public Hearings_ PIE AMENDMENT BILL PUBLIC HEARING SESSION IN GQEBERHA WELLS ESTATE COMMUNITY HALL Pacaltsdorp Community Hall, George. Western Cape. ### _In the News_ - BusinessTech — [New laws against invasion of private property in South Africa – with a R2 million fine or jail time for anyone inciting it](https://businesstech.co.za/news/government/865569/new-laws-against-invasion-of-private-property-in-south-africa-with-a-r2-million-fine-or-jail-time-for-anyone-inciting-it/) - SA News — [PIE Amendment Bill submission deadline extended to August](https://www.sanews.gov.za/south-africa/pie-amendment-bill-submission-deadline-extended-august) - Sunday Independent — [The impact of South Africa’s PIE Amendment Bill on eviction laws and property rights](https://sundayindependent.co.za/news/crime-and-courts/2026-05-12-the-impact-of-south-africas-pie-amendment-bill-on-eviction-laws-and-property-rights/) - IRR — [Anthea Jeffery: Will the PIE Amendment Bill solve land invasions? – Biznews](https://irr.org.za/media/anthea-jeffery-will-the-pie-amendment-bill-solve-land-invasions-biznews) - GroundUP — [Housing activists march to Parliament against proposed land bill](https://groundup.org.za/article/about-100-housing-activist-march-to-parliament-against-proposed-land-bill/) - Voice of the Cape — [A protest rejecting the Pie Amendment Bill, will take place on 15th June](https://vocfm.co.za/a-protest-rejecting-the-pie-amendment-bill-will-take-place-on-15th-june/) - Saturday Independent — [Minister Simelane to outline PIE Amendment Bill on evictions and land occupation](https://independentonsaturday.co.za/news/south-africa/2026-04-16-minister-simelane-to-outline-pie-amendment-bill-on-evictions-and-land-occupation/) - New Castillian News — [Public Given More Time to Comment on PIE Bill Targeting Illegal Land Occupations](https://newcastillian.com/2026/07/07/pie-amendment-bill-public-comment-deadline-extended/) - Pretoria News — [The Land Occupation Bill: Implications for South Africa’s marginalised communities](https://pretorianews.co.za/news/south-africa/2026-04-29-the-land-occupation-bill-implications-for-south-africas-marginalised-communities/) **SD Law Cape Town.** PIE Act Amendment Explained | Land, Evictions & the Future of South African Housing Rights **Radio 786.** PIE Amendment Bill Explained: Evictions, Land Rights & Your Voice **SABC News.** PIE Amendment Bill | New laws on illegal land occupation gazetted **Department of Human Settlements.** Prevention of Illegal Eviction and Unlawful Occupation of land (PIE) Amendment Bill **REI TV.** PIE Act on Trial Should South Africa’s Eviction Law Be Amended **SABC News.** Eviction Bill | Govt targets illegal land occupation with new bill– Minister Thembi Simelane ### _Statements and media releases_ Click on a logo to view. ![](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/07/08143749/vfplus- logo-01.webp "vfplus-logo-01") ![](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/07/08144309/SAFTU- New-logo-1-150x150.png "SAFTU New-logo-1") Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/pie-amendment-bill/summary/ PIE@dearsouthafrica.co.za?subject=org info for PIE Amendment Bill info page) Close ### South African Federation of Trade Unions ### SAFTU REJECTS THE DRAFT PIE AMENDMENT BILL: A DANGEROUS ATTACK ON THE POOR AND A ROLLBACK OF CONSTITUTIONAL RIGHTS. The South African Federation of Trade Unions (SAFTU) condemns the Draft Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2026 as a dangerous, regressive and unconstitutional attack on the working class and the poor. This Bill must be rejected in its entirety; it is not a housing solution. It is not a land reform intervention. It is not a developmental response, it is a state response to poverty, through criminalisation. A BILL THAT PUNISHES THE POOR FOR STATE FAILURE South Africa is facing a deep and systemic crisis: Mass unemployment, with the expanded rate at 42.1% according to Statistics South Africa. Widespread poverty, with millions living below the upper-bound poverty line. A housing backlog of at least 2.5 to 2.6 million households, with over 3.4 million households registered for housing assistance. Collapsing rural economies and failed land reform. People are not occupying land because they are criminals. They are occupying land because: there are no jobs, there is no land, there is no housing, there is no future in the rural areas, and the cities are the only sites of survival. This Bill deliberately ignores these realities. Instead of addressing the structural crisis, the state is choosing to criminalise those who are forced to survive within it. CRIMINALISING GRASSROOTS ORGANISING The most dangerous feature of this Bill is its attempt to criminalise organisation itself. It creates sweeping offences against anyone who “incites”, “organises”, or “permits” land occupation. This is not accidental. It is aimed at: community leaders, housing activists, social movements, and working-class organisations. It is an attack on the right to organise, the right to protest, the right to associate and the right to speak. This is a direct assault on the democratic freedoms protected in the Constitution. Let us be clear: If this Bill passes in its current form, organising poor communities around land and housing can become a criminal offence. ROLLING BACK CONSTITUTIONAL PROTECTIONS For more than two decades, the courts, including the Constitutional Court have built a body of law that protects people from arbitrary eviction and homelessness. They have insisted that: eviction must be just and equitable, the dignity of occupiers must be respected, meaningful engagement must take place, and homelessness must be avoided. This Bill is a legislative counter-attack against those gains. It introduces provisions that allow eviction without requiring the state to provide alternative accommodation. That is not a technical amendment, it is a direct rollback of constitutional protections. VIOLATING SECTIONS 26 AND 27 OF THE CONSTITUTION The Constitution does not only guarantee housing: access to housing (Section 26), access to health care, food, water and social security (Section 27), and dignity. These rights are interconnected. Evicting people into conditions where they have: no shelter, no water, no sanitation, no access to health care, no food security, It is not compliance with the Constitution, it is a deepening of constitutional violation. THIS BILL IS A RESPONSE TO LOSSES IN THE COURTS This Bill must be understood politically. It comes after years in which: communities have successfully resisted eviction, courts have imposed limits on state power, and constitutional protections have been strengthened. Instead of fixing its failures, the state is now trying to change the law to escape those constraints. This is not reform. It is retreat from constitutionalism. THE REAL CRISIS: WHY PEOPLE OCCUPY LAND This Bill fails because it refuses to confront the real drivers of land occupation: • unemployment and joblessness • poverty and inequality • failed agrarian reform and rural collapse • lack of access to education and training • exclusion from universities and colleges • collapse of labour-absorbing sectors like mining and construction• failure to build sufficient housing People are not choosing occupation over lawful housing. There is no lawful housing available to them. SAFTU rejects this Bill. We call for: • its immediate withdrawal, • a complete redrafting grounded in the Constitution, • and a shift away from criminalisation toward real solutions. We further state clearly: If this Bill proceeds in its current form, it will face constitutional challenge. We call on: • trade unions, • community organisations, • housing movements, • progressive legal formations, • and all working-class structures to unite in opposition to this Bill. This is not just a housing issue. It is a struggle over constitutional rights, democracy, and the future of the working class. A statement was issued on behalf of SAFTU by the General Secretary, Zwelinzima Vavi. Close ### VF PLUS ### Freedom Front Plus submission: Draft Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill provides insufficient protection for property rights Property rights will not be sufficiently protected if the Draft Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Amendment Bill is passed. This is clearly evident in the written submission made by the Freedom Front Plus( VF Plus) yesterday. The party endorses the objective of promoting human dignity and legal certainty, but besides failing to sufficiently protect property rights, the Bill also has several flaws relating to practical matters. Over the past two decades, the existing PIE Act has evolved into a system that increasingly saddles private property owners with the financial and legal burden of unlawful land occupations, while government organs fail to fulfil their constitutional obligations. The proposed legislative amendments inadequately address this imbalance. The Freedom Front Plus maintains that both the right to housing and property rights are constitutionally enshrined rights. The one may, however, not be enforced in such a way that it, in effect, violates the other. Section 25 of the Constitution protects property rights and remains a cornerstone of economic growth, food security, investor confidence and individual freedom. A particular cause for concern, in the Freedom Front Plus’s view, is that the Amendment Bill leaves leeway for government’s duty to provide alternative housing to be shifted onto private landowners. In contrast, the Constitutional Court has already confirmed that this responsibility lies with the government and not landowners. The Freedom Front Plus, therefore, proposed that the Act should clearly provide for a 14-day period within which unlawful and unestablished land occupations can be terminated with the assistance of the police. Currently, the police frequently refuse to act, because such matters are regarded as civil disputes. Consequently, landowners often cannot obtain legal relief before occupations become established. In addition, the party proposed that adjacent owners, community organisations and other interested parties should have the right to make eviction applications, and that all relevant government organs be obliged to participate in court proceedings. Furthermore, public office-bearers who facilitate unlawful land occupations or deliberately fail to act should also be held criminally liable. The Freedom Front Plus remains committed to dignified housing solutions, but will keep opposing legislation that erodes the rule of law, shifts government failures onto ordinary citizens and undermines property rights.