A new Bill published in the Government Gazette stands to be good news for property owners. The Prevention of Illegal Eviction (PIE) Amendment Act, gazetted in April, seeks to curb abuse of the current legislation of evictions, and is a potential win for property rights.

The PIE Act was passed in 1998 to “regulate the eviction of unlawful occupiers from land in a fair manner”. The assumption beneath it was that property owners – particularly farmers – exercised a ruthless and unfettered control over those living on their land, and that a relatively high legal bar was needed to control this.

The outcome of this was that eviction procedures were time-consuming and expensive, and placed a significant burden not only on large private landholders, but also on small-scale owners and on state institutions (particularly municipal governments).

This proved a powerful tool for bad actors, including those who organised land invasions, or tenants who used the protection of the Act to avoid their obligations under PIE.

Thembi Simelane, Minister of Human Settlements, said of the amendment: “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 amendment would make provision for new offences, such as inciting illegal occupations (even where no money is paid) as well as fines of up to R2 million or two years’ imprisonment for inciting illegal occupations, irrespective of whether the property is owned by a private owner or the state. The proceeds of illegal occupations would be subject to forfeiture.

The Bill would also create a system of low-cost mediation that would enable owners without significant resources to take action.

Dr Samantha Smith of law firm STBB wrote: “The amendments strengthen property rights by providing clear statutory guidance and improving enhancing enforcement mechanisms. By addressing procedural weaknesses, the Bill enhances efficiency and reduces delays. The result is a more structured and stable legal framework. If enacted in its current form, the Bill is likely to boost legal certainty for private property owners and organs of state while maintaining the constitutional balance between ownership rights and the protection of vulnerable occupiers. Importantly, greater legal certainty supports more stable land use and development outcomes. Indeed, the reforms are, in part, intended to contribute to an economic environment that encourages investment and growth.”