The cabinet has approved what could be a crucial amendment to legislation aimed at dealing with the alarming explosion in illegal land occupations. It proposes harsh measures against those who encourage illegal land invasions, even without gaining financial benefit.
The Prevention of Illegal Eviction From & Unlawful Occupation of Land Amendment Bill was gazetted by human settlements minister Thembi Simelane this week, strengthening the state’s hand in dealing with illegal land occupations and evictions.
“This intervention comes at a time when we are witnessing a growing number of unlawful land and building occupations across the country. These incidents place a significant financial and administrative burden on us as government as well as the private sector,” Simelane told journalists at a media briefing this month.
“The proposed amendment seeks to empower municipalities, state entities and private property owners to respond more decisively to illegal occupations and evictions. It will strengthen our ability to address individuals and organised groups who are responsible for orchestrating these invasions.”
The proposed legislation is out for public comment, with hearings set to commence in Ekurhuleni next week. Human settlements chief director of legal services Paul Masemola expects the amendments to be tabled in parliament by August. If passed, they will go a long way towards protecting property owners, from the government to the private sector, but would also ensure that vulnerable people facing evictions are protected.
The illegal occupation of land and property has exploded across the country, most acutely in Gauteng. ANC insiders in the province cite illegal occupation as one of the prime causes of strain on service delivery in metros and municipalities.
These occupations often take place rapidly, followed by illegal connections to the power grid. This has a knock-on effect on legitimate residents in nearby areas.
Some in the party attribute the problem to calls by EFF leader Julius Malema from as far back as 2014 for people to “occupy vacant land”. They argue that the mushrooming of settlements due to land invasions has contributed to the ANC’s drop in electoral support, because of declining service delivery in its traditional support areas.
The proposed amendment also follows a 2023 Constitutional Court judgment interdicting Malema and the EFF from encouraging citizens to invade and occupy private land.
Masemola tells the FM the amendment introduces an additional offence which covers those who incite or organise illegal occupations, even where no money changes hands. The proposed maximum sentence is a fine of R2m or imprisonment not exceeding two years or both, on individuals or groups inciting people to occupy land — irrespective of whether the land is owned by the government or a private entity.
It further includes a proposal for the court to order all assets or money acquired through these offences to be forfeited. This would hit the illicit rental market hard, and target criminal syndicates which encourage illegal building occupation in exchange for rent.
Another key provision will allow municipalities to apply for an urgent interdict to block land invasions, even if the municipality is not the owner of the land being occupied. According to the amendment, the court can also decide on the retention or demolition of improvements or structures built on illegally occupied land.
Masemola says the proposals allow the court to have discretion over the period in which alternative accommodation or land must be made available for the unlawful occupier.
An additional offence covers those who incite or organise illegal occupations, even where no money changes hands
“Where the land is owned by a municipality, it is now mandatory for the MEC to appoint a mediator to assist in resolving the dispute between the parties that are involved. So this then means the parties need to be called together, so that there is an amicable way of resolving the dispute,” Masemola says.
But alternative accommodation is not “free for all”. Masemola specifies that only those who are genuinely vulnerable, such as children or child-headed families, people with disabilities, and families headed by women, will qualify.
The legislation is not retrospective, says Masemola. Land already occupied illegally would have to be dealt with under existing laws, but the bill will kick in once signed into law by the president.
There is likely to be resistance to the legislation in parliament by parties such as the EFF and Jacob Zuma’s MK Party. However, support has already been expressed by GNU members including the ANC, the DA and the Freedom Front Plus. Amendments have long been pushed for by Gayton Mckenzie’s Patriotic Alliance, particularly because of the explosion in illegal land occupations around Joburg.
It is early days in the legislative process, but the department rates the bill as a potential game-changer in dealing with land occupations, while also ensuring that evictions are conducted as humanely as possible within a strict regulatory environment.
“We want a deterrent to those who are criminals. We understand that there are ordinary people who would not even be aware that occupying a piece of land is illegal, because the person who says they must occupy [it] seems to have [the] authority to do that at the time, and they only pick up at a later stage that it is illegal,” Masemola says.
Simelane hopes the legislation will also create a stable environment for investment and economic growth. However, the devil in the detail may lie in the need to provide alternative accommodation for evictees, often an intractable issue under present legislation.
Marrian is a political analyst at the Bureau for Economic Research
