Status of Prevention of Illegal Eviction Amendment Bill

Posted 28 February 2026 Written by Acts Online
Category Property Law

Brought to you by SA Legal Academy: The National Assembly’s Human Settlements Committee is currently deliberating on the Prevention of Illegal Eviction from & Unlawful Occupation of Land Amendment Bill, which seeks to streamline eviction processes and criminalise the incitement of illegal land occupation.

In terms of the legislative process for private member’s bills, the National Assembly’s Human Settlements Committee is considering the Prevention of Illegal Eviction from & Unlawful Occupation of Land Amendment Bill, originally tabled in March 2023. The Bill seeks to amend the Prevention of Illegal Eviction from & Unlawful Occupation of Land Act, No. 19 of 1998. Although the Bill lapsed when Parliament rose for the May 2024 elections, it was subsequently revived and discussed during three meetings of the Committee.

The proposed amendments include:

  • The criminalisation of inciting or promoting the illegal occupation of land;
  • The streamlining of procedural requirements for obtaining eviction orders; and
  • A review of the policy foundations regarding the obligations of landowners and local authorities.

On 28 May 2025, the Department of Human Settlements (DHS) presented its merits and shortcomings regarding the Bill. The DHS indicated that work on amendments to the 1998 Act had been suspended in 2008 pending the development of the Human Settlements White Paper, which was eventually published in 2024. While endorsing several provisions of the Bill, the DHS has undertaken to finalise its own policy review during the 2025/26 financial year before proceeding with executive-led amending legislation.

Procedural progress remains stalled as the motion of desirability was withdrawn from the Committee agendas on 29 October 2025 and 18 February 2026. These withdrawals followed requests for further consultation with political party leadership and to ensure a better understanding of the Bill’s proposals among members. The Committee chair has alluded to the possibility of proceeding with a vote in November 2026.

What this means for you, your business, or your clients

  • For yourself: No immediate individual compliance obligations; however, legal professionals should monitor the 2025/26 legislative cycle for changes to the evidentiary requirements for eviction applications.
  • For your business: Property management firms and developers should evaluate risk management strategies for vacant land in light of proposed criminal sanctions for incitement of illegal occupation.
  • For your clients: Landowners and occupiers should be advised that the existing provisions of the Prevention of Illegal Eviction from & Unlawful Occupation of Land Act, No. 19 of 1998 remain fully applicable until the amendment process is finalised.

Originally published at https://legalacademy.co.za/news/read/in-the-spotlight-prevention-of-illegal-eviction-from-unlawful-occupation-of-land-amendment-bill

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