The government is moving to aggressively penalize individuals who incite land invasions, proposing steep financial penalties and prison sentences to deter illegal property grabs. The proposed measures include fines of up to R2 million or direct imprisonment for those found guilty of the offence.
Amending the Prevention of Illegal Eviction Act
The Department of Human Settlements is seeking to amend the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998. This move aims to protect land rights and rein in the prevalence of property grabs, which the government suggests has damaged the country’s image regarding property rights.
Under the proposed amendments, any person who incites, arranges, organises, or permits another to occupy land without the consent of the owner, person in charge, or an organ of state could face legal action. Notably, these penalties apply even in instances where no money changes hands.
Revised Court Criteria and Evictions
The cabinet-approved amendment would also revise the criteria courts must consider when granting eviction orders. If a court determines an occupier is “unlawful” as defined by the act, it may grant an eviction order without requiring the state or municipality to provide alternative land or accommodation.
According to the Department of Human Settlements, the goal is to empower private property owners, state entities, and municipalities to respond more decisively to illegal occupations. The department noted that inconsistent interpretations of the current law have previously led to increased costs and lengthy legal processes.
Political and Municipal Implications
The South African Local Government Association has welcomed the changes, stating that the current status quo is open to abuse. Municipalities have reported practical challenges in balancing constitutional rights to shelter against property rights and the need for safe environments.
However, these amendments may place the state on a collision course with the EFF, a party that has previously encouraged supporters to occupy private property. The new bill aims to specifically target organized groups and individuals responsible for orchestrating these invasions.
Next Steps for the Bill
The government has gazetted the bill to strengthen the response to illegal land occupations. As part of the legislative process, the public has 60 days to provide comments on the Land Occupation Amendment Bill.
Depending on the feedback and legislative progress, the bill may further tighten the legal gaps that currently allow land grab instigators to avoid prison time.
Frequently Asked Questions
What are the proposed penalties for inciting land invasions?
Individuals who incite, arrange, or organise land invasions could face fines of up to R2 million or imprisonment not exceeding two years.
Will the government always provide alternative accommodation during evictions?
Under the proposed amendments, if a court determines an occupier is unlawful, it may grant an eviction order without requiring a municipality or organ of state to provide alternative land or accommodation.
Does the law apply if the organiser did not produce money from the land grab?
Yes, the proposed amendments state that people who organise land invasions could face fines and imprisonment even where no money changes hands.
Do you believe stricter penalties for organisers will effectively reduce the frequency of illegal land occupations?
