New PIE Amendment Bill: What SA Landlords Should Know

If you own a rental property or vacant land in Gauteng and have discovered unlawful occupiers on it, you already know the frustration of being told you cannot simply lock the gate or change the locks. South African law requires every eviction, however clear-cut it may seem, to go through the courts under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998, commonly known as the PIE Act. In 2026, government gazetted an Amendment Bill to that Act, and property owners are understandably asking what it means for them and whether it will make the process any faster.

Why the current eviction process feels so slow

Under the existing PIE Act, an owner cannot remove an unlawful occupier without a court order, regardless of how the occupation began. Self-help eviction, such as removing someone's belongings or disconnecting utilities to force them out, is unlawful and can expose the owner to civil claims. The formal route involves proper notice to the occupier and, in many cases, to the local municipality, followed by a court application in which a magistrate or judge must weigh up whether an eviction would be just and equitable, taking into account the circumstances of the occupiers, including whether children, the elderly, or people with disabilities are involved. An uncontested matter with clean paperwork can often be resolved within a few months, but a contested case, or one where the municipality needs to weigh in on alternative accommodation, can stretch well beyond a year. Court backlogs, incomplete service of documents, and disputes over whether alternative housing is available are the most common causes of delay.

What the PIE Amendment Bill proposes

The Bill, gazetted for public comment in 2026, aims to address some of the frustrations that have built up around the current Act rather than to weaken the constitutional protections it offers occupiers. Among its proposed changes are new criminal offences aimed at people who organise, incite, or profit from land invasions, including those who unlawfully sell or allocate land that is not theirs, with penalties that could include fines, imprisonment, and forfeiture of assets obtained through such conduct. It also proposes widening who is entitled to bring eviction proceedings beyond the registered owner, to include managing agents and other parties in genuine control of a property, which could allow faster action in some cases. Other proposed changes would require municipalities and provincial housing authorities to be brought into proceedings earlier where alternative accommodation is a live issue, give courts clearer guidance on the factors relevant to a just and equitable outcome, and introduce mediation as a required step in certain disputes involving state-owned land.

Has the Bill become law yet

Not yet. As things stand, the Bill has been through a public comment process and is moving toward Parliament, but it has not been passed and the current PIE Act continues to apply in full. Property owners dealing with unlawful occupation today are still bound by the existing notice and court procedures, and should not assume that any of the proposed changes, such as the expanded criminal penalties or streamlined joinder rules, are already in effect. Legislative timelines in South Africa can shift, and it would be unwise to delay taking action on an existing occupation while waiting for a new law that may still be many months from being signed.

What property owners should do in the meantime

If you are facing unlawful occupation of your property right now, the safest course is to get proper legal advice before you do anything, including before you speak to the occupiers directly. Acting too slowly, or taking informal steps to remove people yourself, can weaken your position and delay a lawful resolution rather than speed it up. An attorney can help you assess whether the matter is likely to be opposed, whether the municipality needs to be notified or joined, and what evidence you will need to support a just and equitable outcome in court. Keeping thorough records from the moment you become aware of the occupation, including dates, correspondence, and any attempts at engagement, will also strengthen your case regardless of which version of the law ultimately applies.

Whether you are dealing with an active eviction now or simply want to understand how the proposed changes to the PIE Act might affect a property you own in Johannesburg or elsewhere in Gauteng, it helps to speak to an attorney who follows these developments closely. Levine and Freedman has been assisting property owners with eviction matters and other property law issues for decades, and our team can guide you through your options under the current law while keeping an eye on what may be coming. Visit Home | Levine And Freedman to get in touch with our Rosebank office and discuss your situation.