- The proposed PIE Amendment Bill of 2026 introduces fines of up to R2 million and possible jail time for those behind organised land invasions.
- The Bill calls for mandatory mediation, automatic municipal involvement, and stricter court timelines in eviction cases.
- Legal expert Ann-Suhet Marx says these amendments could ease the financial pressure on small landlords trapped in extended legal battles.
South Africa is moving closer to a major update of its eviction laws after the Department of Human Settlements officially published the Prevention of Illegal Eviction (PIE) Amendment Bill of 2026.
These proposed changes to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act aim to close loopholes that have allowed unlawful occupiers and organised land invasion groups to delay evictions for years.
Ann-Suhet Marx, Director and Head of Litigation at VDM Incorporated, described the Bill as a major turning point for property owners and municipalities weighed down by expensive, drawn-out legal battles over evictions.
Marx said the new law is the first to directly target syndicates behind land invasions, rather than just focusing on vulnerable families who find themselves in desperate situations.
“For the first time, the law is specifically targeting the syndicates behind these invasions, rather than just the desperate families caught in the middle,” Marx said.
She added that courts have spent years stuck in what she called a constitutional “tug of war” between property rights and the right to housing. “The 2026 Bill is a direct response to years of judicial gridlock, where landowners and municipalities were left with court orders they simply could not enforce,” said Marx.
Relief for small property owners
Marx said the proposed changes could bring real relief not only in large-scale land invasion cases, but also for ordinary landlords who depend on rental income to make ends meet.
“For a pensioner who relies on a garden cottage for income, or a family that has saved for years to buy a single rental unit, the current legal system is often a death sentence,” Marx said. “They simply cannot afford a R150,000 legal bill and an 18-month wait to reclaim their own property.”
According to Marx, the Bill introduces affordable mediation tools to help smaller landlords resolve disputes without having to go straight to expensive High Court litigation.
The proposed changes would also help courts tell the difference between people facing genuine hardship and "professional" non-paying tenants accused of abusing the system. Courts would also have the power to fast-track eviction cases where property owners can show they face serious financial hardship or risk losing their homes to foreclosure.
Tougher penalties and fixed timelines
One of the most important changes is the introduction of severe penalties for organised land invasion operations. The Bill allows for fines up to R2 million, possible jail time, and asset seizures aimed at syndicates who unlawfully sell or allocate land they do not own.
Marx said these changes are meant to fix weaknesses in the current law that left authorities unable to act effectively against organised land grabs. The new legislation also aims to reduce long delays tied to emergency housing duties placed on municipalities.
Under the proposed law, courts would be allowed to set expiry dates for temporary accommodation linked to eviction cases. Marx said this could finally end situations where eviction cases drag on for years because municipalities fail to provide alternative housing.
“If these amendments pass, we will finally have a streamlined process that does not bankrupt the property owner or the state,” Marx said.
Landmark cases behind the proposed reforms
Marx highlighted several key court cases that brought to light the weaknesses in the current PIE Act. She mentioned the Constitutional Court decision in Grobler v Phillips, which showed the challenges courts face when weighing eviction applications against the right to housing for vulnerable people.
According to Marx, the new Bill brings in stricter legal criteria to make sure courts give more weight to occupations in bad faith. She also referred to City of Johannesburg v Blue Moonlight Properties, which confirmed that municipalities are often responsible for providing alternative accommodation before evictions can happen.
Marx said the amendments aim to break the legal deadlock caused by these duties by allowing courts to set clear timelines. The Bill also follows litigation related to organised land invasions, such as City of Johannesburg v Unknown Individuals.
Public comment period opens
The public can submit comments on the proposed law until mid-June 2026. Marx said the Bill’s success will depend on how well courts manage the balance between tougher enforcement and the constitutional right to housing.
“We are moving from a system of ‘eviction at all costs’ to one of ‘regulated resolution’,” Marx said. “By closing the loopholes that allowed bad faith actors to exploit the Grootboom legacy of housing rights, we are restoring the balance that the Constitution originally intended.”
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