South Africa's eviction laws are about to undergo their most radical overhaul in decades.
Evicting unlawful occupiers could soon become a less complicated process for property owners, with government currently proposing the most significant overhaul of eviction laws in decades.
The changes aim to make the eviction process clearer, faster and more consistent, but they stop short of tipping the balance in favour of property owners, with constitutional protections for unlawful occupiers remaining in place.
The proposed Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill will update the current Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Act. It will achieve this by giving courts clearer guidelines for making rulings on eviction cases, introducing tougher penalties for organised land invasions and creating a more structured approach to alternative accommodation.
The PIE Act was first introduced in 1998 to protect people from being evicted from their homes without a court order, with unlawful evictions becoming a criminal offence. The Act also requires occupiers and municipalities to receive proper notice of eviction proceedings, while courts must decide whether an eviction is "just and equitable" after considering the circumstances of each case.
