South Africa’s Department of Human Settlements has published the proposed amendments to the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Act for public comment, signalling a tougher stance on illegal land occupations.

The bill, recently approved by Cabinet, aims to strengthen the existing 1998 legislation by making it easier to interpret, more effective to enforce, and better equipped to deal with growing incidents of unlawful occupation.

Human Settlements Minister Thembi Simelane said the amendments seek to close legal gaps that have led to inconsistent court rulings, lengthy eviction processes, and rising costs for both government and private property owners.

Among the key proposals is the introduction of a new offence targeting individuals who incite or organise illegal land occupations, even if no money changes hands. Those found guilty could face fines of up to R2 million, imprisonment of up to two years, or both. The bill also proposes that assets obtained through such illegal activities be forfeited.

Municipalities would be granted greater authority under the amendments, including the ability to apply for urgent interdicts even when they are not the landowner. Courts would also have broader discretion, such as determining timeframes for alternative accommodation and ordering the demolition or removal of structures erected during unlawful occupation.

Despite its tougher stance, the bill retains protections for vulnerable groups, ensuring that evicted individuals are treated with dignity and provided with alternative or temporary accommodation where necessary.

Additional measures include mandatory involvement of municipalities and provincial human settlements departments in eviction processes, as well as mediation requirements in certain cases.

The public has 60 days to submit comments, with consultations expected nationwide before the bill returns to Cabinet in July 2026.