Photp by [The Daily Maverick]
Johannesburg – The short answer is yes and no. The Prevention of Illegal Eviction and Unlawful Occupation of Land Act, commonly called the PIE Act, was implemented to oversee and establish legal protections for property owners and occupants in eviction cases.
Although the PIE Act was designed to ensure that evictions are conducted according to the law and carried out fairly and compassionately, it has drawn significant criticism for its unintended repercussions.
Thabo Maisela, the Special Advisor to the Executive Mayor on Inner City Regeneration, remarked that this anti-eviction legislation was initially created for rural areas, primarily to safeguard individuals unlawfully displaced from farmlands during the 1990s.
However, due to its broad and non-specific application, criminal groups and individuals have exploited its provisions to gain control over urban buildings and residential properties.
“In terms of how this law was crafted, it was a general application. So people are now using it to demand alternative accommodation even in private residencies.”
Criticism of the PIE Act
In summary, the PIE Act establishes that no occupant can be displaced from a property unless a court order is obtained outlining the property owner’s reasons and intentions for eviction. This court order must be served to the occupant at least 14 days before the eviction date.
Nevertheless, suppose the occupant can provide evidence they have no other place to live. In which case, they cannot be evicted until the property owner or city officials offer alternative accommodation.
Many critics of this Act argue that this is where the fundamental issue lies, as even state-owned properties designated for this purpose are frequently unlawfully occupied.
“When it comes to City properties, yes, we do have properties that are hijacked in the inner city,” Maisela said.
Property owners encounter another obstacle in the form of highly sophisticated criminal syndicates who deeply understand how to manipulate the legal system. Frequently, these groups challenge court orders as a tactic to prolong and impede the eviction procedure.
This deliberate delay often places financial strains on property owners, who must cover legal expenses and consultations. As a result, criminals maintain control of the properties for extended durations, amassing substantial sums of money as the number of tenants on the property increases.
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Plans to Take Back Hijack Buildings
Over the years, South Africa’s metropolitan areas and residential neighbourhoods have grappled with the problem of property hijacking. Regrettably, this issue has gained heightened attention due to a tragic fire which claimed the lives of over 75 individuals and left dozens more injured in the Usindiso building in Marshalltown last month.
This building, owned by the City of Johannesburg and leased to an NGO dedicated to helping abused women and children, was unlawfully taken over by criminals and filled to capacity with foreign nationals and local residents.
Maisela has indicated that a joint task force comprising multiple law enforcement agencies is conducting several investigations to identify and respond to illegally occupied structures within the city. Additionally, plans are in motion to allocate a budget to provide shelter for those evicted from such buildings.
“I’m expecting the mayor to make pronouncements on the plans we have been working on over the years. That we are now implementing in terms of providing the temporary emergency accommodation so that we can start dealing with these bad buildings in the inner city.”
