As unlawful land and building occupations continue to place pressure on public resources and private property rights in South Africa, the Department of Human Settlements has extended the public comment period for the proposed Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, commonly known as the PIE Amendment Bill.
If enacted, the Bill could introduce tougher penalties for unlawful occupation-related offences, including fines of up to R2 million.
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The original deadline for written submissions was 16 June 2026. However, following requests from stakeholders and organisations for more time to review the proposed legislation, the Department has extended the comment period by a further month.
As a result, the extension took effect on 26 June 2026 and will now run until 25 July 2026.
According to the Department, the decision does not point to a lack of public response.
Instead, it is intended to widen participation in a legislative process that could significantly affect municipalities, state entities, private landowners and communities across the country.
Furthermore, the Bill seeks to provide clearer and more enforceable mechanisms for dealing with unlawful occupations, while also regulating eviction processes and the provision of alternative accommodation where required.
In April 2026, Minister of Human Settlements Thembi Simelane said the review of the current PIE Act was aimed at strengthening the legal framework and making it easier to interpret and enforce.
“This intervention comes at a time when we are witnessing a growing number of unlawful land and building occupations across the country. When they occur, these incidents place a significant financial and administrative burden on us as government as well as the private sector,” said the Minister.
Simelane further said one of the key problems identified was the inconsistent interpretation of the existing legislation, which often results in lengthy legal processes and higher costs.
“As part of this process, we have reviewed key provisions of the current Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998. One of the major challenges identified is the inconsistent interpretation of this law, which often leads to lengthy legal processes and increased costs. The new Bill aims to close these gaps, thus providing greater clarity for everyone involved,” said Simelane.
She added that the gazetting of the PIE Amendment Bill for public comment marked an important step in the legislative process and reflected the Department’s commitment to transparency, inclusivity and public participation.
While the proposed amendments place stronger emphasis on enforcement, the Department maintains that the Bill also takes into account the position of vulnerable communities.
In particular, it seeks to ensure that people facing eviction are treated fairly, especially where temporary or alternative accommodation must be considered.
“At the same time, the PIE Amendment Bill takes a firm stance against criminality. It targets those who unlawfully sell land or property that does not belong to them and those who incite unsuspecting people to unlawfully occupy land. It proposes stronger measures, including the forfeiture of assets acquired through such illegal means and hefty fines,” stressed the Minister.
From a procedural perspective, the Bill introduces several measures aimed at strengthening eviction-related processes.
These include the mandatory joinder of relevant municipalities, provincial human settlements departments, or other organs of state in matters where alternative accommodation may be required. Where municipal land is involved, the Bill also proposes compulsory mediation, with the aim of reducing drawn-out and costly court proceedings.
The proposed amendments further seek to provide clearer guidance on how alternative accommodation should be managed, which remains one of the most contested aspects of eviction proceedings.
According to the Department, the intended result is a more consistent legal process that balances property rights, municipal responsibilities, enforcement requirements and the rights of vulnerable people.
Some of the key proposals contained in the Bill include:
• The introduction of an additional offence to cover those who incite or organise unlawful occupations, even where no money is exchanged.
• A fine of up to R2 million, imprisonment not exceeding two years, or both, for any person or individuals who incite people to unlawfully occupy land, whether the property is owned by government or a private owner.
• A provision allowing a court to order the forfeiture of assets or money acquired through the proceeds of such offences.
• An expanded definition of “person in charge” to allow municipalities to apply for urgent interdicts, even where the municipality is not the owner of the land being occupied.
• A proposal allowing a court to determine the period for which alternative accommodation or land must be made available to an unlawful occupier.
• A provision allowing a court that orders an eviction to also make an order for the retention, demolition or removal of improvements or structures on the land.
Given the scope of the proposed amendments, Simelane has urged South Africans, including community members, civil society organisations and affected stakeholders, to study the Bill and submit their comments.
Written submissions can be sent to the Department of Human Settlements for the attention of Lisa Masilo through the following channels:
Hand delivery: 240 Justice Mohammed Street, Sunnyside, Pretoria, 0001
Post: Department of Human Settlements, Private Bag X644, Pretoria
The Department has also confirmed that consultation will continue alongside the public participation process. Stakeholders involved include the South African Local Government Association, provincial human settlements departments, relevant national departments and other state institutions.
For communities across KwaZulu-Natal, the extended deadline is more than an administrative change. It gives residents, civic organisations and local stakeholders additional time to influence how unlawful occupation and eviction matters are dealt with on the ground.
In many northern KwaZulu-Natal communities, municipalities are already under pressure due to housing demand, land use disputes and limited enforcement capacity.
As a result, the Bill is unlikely to remain a distant national policy issue.
It could directly affect how local authorities respond to unlawful occupations, how consistently the law is applied, and how people facing eviction are accommodated within already strained systems.
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The extended comment period therefore offers the public a direct opportunity to help shape a framework intended to be both enforceable and grounded in the conditions it is meant to regulate.
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