Truth Report contributor Joe Emilio this week unpacked the real implications of the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Act in his independent documentary, Stolen Ground.
The film documents the infamous land grab of the Tygerberg Raceway during the Covid-pandemic in 2020.
Tyberberg Raceway: A cautionary tale
Recounting a financial loss of about R60 million, the owner of the raceway Chris Liebenberg gave a chilling account of the days during which the premises were overrun by thousands of illegal land grabbers.
“The weekend after 26 July 2020, the manager of the raceway phoned me and said I must come, there was a big problem. […] the whole road was blocked-off with law enforcement standing by. People were busy pushing down the vibracrete fencing around the place[…] The whole place was gone, within a week,” Chris recalled on camera.
He spent a further R200 000 alone for protection from private security services to fend off a destruction rampage of arson and theft. The South African Police Service (SAPS) is said to have officially responded hours later.
During this time, in response to the pandemic, the government instated various regulations and guidelines in line with the Disaster Management Act 57 of 2002. These regulations placed various limitations on many facets of life and rights, such as property rights and the right to evict, and included an initial moratorium on evictions. [journals.co.za]
In essence, due to the vulnerability of the homeless during a health crisis, extreme limitations were subjected to eviction processes across the country.
PIE Act explained
The PIE Act is an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which sets out to prevent arbitrary evictions.
In terms of the Constitution of South Africa, “No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.” PIE sets out the procedure to be followed in the case of such evictions. [wikipedia.org]
The PIE Act seeks to:
- provide for the prohibition of unlawful eviction;
- provide for procedures for the eviction of unlawful occupiers; and
- repeal the Prevention of Illegal Squatting Act, 1951, and other obsolete laws; and
- provide for matters incidental thereto. [downloadable: gov.za]
While intended to protect vulnerable populations, cases like Tygerberg Raceway illustrate that the Act may create new vulnerabilities – this time for legal property owners.
Critics slam real-life implications
Ciaran Ryan regards it a piece of legislation introduced in a post-apartheid era to combat eviction abuses which is now being weaponised against property owners.
“There’s righteous indignation about the impact of the Expropriation Act’s enfeeblement of property rights in SA, but far more damaging is the Prevention of Illegal Eviction Act from and Unlawful Occupation of Land (PIE) Act, initially introduced in 1998 to prevent the kind of eviction abuses so prevalent under apartheid,” writes Ryan.
“That same legislation has been weaponised against property owners, including the state, by making it difficult, sometimes impossible, to evict unlawful occupiers.” [moneyweb.co.za]
In May, the Democratic Alliance (DA) welcomed a progressive Private Members Bill to amend the Prevention of Illegal Eviction Act to the Portfolio Committee on Human Settlements.
“These amendments, if enacted, will play a critical role in saving municipalities from the buckling pressures created by unlawful occupations and land invasions,” announced Luyolo Mphithi, MP-DA spokesperson on Human Settlements.
“The Department of Human Settlements delivered a presentation noting their support for many of the proposed amendments tabled by the DA. And because the DA has succeeded in landing this pressure against the existing PIE Act, the Department has committed to undertake a full review of the existing Act with a view towards a department-led amendment bill by March 2026,” said Mphithi.
The Economic Freedom Fighters’ (EFF) Sinawo Thambo argues the DA’s proposals aimed at amending the PIE Act are clearly an attempt to introduce apartheid era legislative provisions back into democratic South Africa. ”These proposals were introduced by the DA through a Private Members Bill in Parliament that seeks to reverse some of the hard-won gains of our democracy and criminalise Black people,” said Thambo. [politicsweb.co.za]
In Emilio’s video, he condemns the PIE Act for placing onerous demands on landowners, including the obligation to provide suitable alternative relocation before eviction can be granted.
“It has become one of the most dangerous tools in the hands of syndicates, opportunists, and politicians. You have to go to court, pay lawyers, and wait months or years. Meanwhile, illegal occupiers stay, accessing water, electricity, and resources, while you foot the legal bill.”
As the debate continues, reform is essential. The challenge remains: how to protect vulnerable individuals and ensure property owners are not powerless in the face of unlawful occupations disrupting lives and businesses.
