Stranded residents gather outside the low-cost rental flats in Pharoe Park, after being evicted for non-payment.
Image: Timothy Bernard / Independent Newspapers Archives
The Patriotic Alliance is calling for an amendment to South Africa’s eviction legislation, arguing that criminal syndicates are exploiting legal protections to illegally occupy properties and extort rent in major cities.
In a parliamentary notice issued on Tuesday, MP Lorato Mathopa called for urgent amendments to the Prevention of Illegal Eviction Act (PIE Act), a law designed to protect vulnerable occupants from unlawful eviction.
“Criminal syndicates are hijacking inner-city buildings in our cities. They unlawfully occupy properties, collect rent illegally, and then exploit the very provisions of this Act as a shield against eviction. By claiming potential homelessness, they force property owners into years of costly litigation, effectively holding both owners and the legal system hostage,” the party said.
The Prevention of Illegal Eviction Act (PIE Act) outlines the legal process that must be followed before anyone can be evicted from land or property in South Africa. It was enacted to prevent arbitrary evictions and to align eviction procedures with the constitutional right to adequate housing.
No eviction can take place without a court order. Property owners or municipalities must approach a court and prove that the eviction is lawful and just. Occupants must then receive written notice of eviction proceedings, at least 14 days before the hearing, ensuring they have time to respond or seek legal help.
Where an eviction would result in homelessness, municipalities are required to provide temporary accommodation.
The motion proposes several reforms aimed at tightening the law, while retaining constitutional protections, including:
The party said the intention is to “restore the rule of law while upholding safeguards for the genuinely vulnerable”, signalling an attempt to balance property rights with housing protections.
The motion is expected to be scheduled for debate in Parliament.
karabo.ngoepe@inl.co.za