Hundreds protest new land occupation law in Durban and Joburg

Source: GroundUp/Joseph Bracken.

Supporters of shack dweller movement Abahlali baseMjondolo (ABM) marched to the Gauteng Provincial Legislature and the Durban City Hall, arguing that the new bill threatens constitutional protections for poor and landless communities.

ABM has vowed to fight the amendments in court if needed. They handed memoranda to the Gauteng legislature in Johannesburg and human settlements director-general Nana Mhlongo in Durban.

The draft amendment to the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) amendment bill was published for public comment in April.

The PIE Act was originally passed in 1998 to repeal apartheid era laws. Activists are concerned that the amendment bill rolls back hard-won constitutional protections.

Under the amendment bill, anyone who occupies land or allows the occupation of land without the owner’s permission could be liable for a fine of R2m or two years in prison. The bill will also allow courts to grant eviction orders without having to ensure alternative accommodation is provided.

Researchers at the Centre for Applied Legal Studies (CALS) have argued that this is unconstitutional, as the Constitutional Court has previously ruled the state must provide alternative accommodation to anyone who would otherwise be left homeless, regardless of whether their occupation was lawful.

ABM’s general secretary Thapelo Mohapi noted that the bill will criminalise their organisation’s work, which is focused on assisting people who face evictions. People will be rendered homeless, he said.

“It’s unfortunate that the government of national unity is considering putting private property ahead of people’s lives,” said Mohapi.

Human settlements minister Thembi Simelane has said the bill “seeks to empower municipalities, state entities and private-property owners to respond more decisively to illegal occupations and evictions.”

Published originally on GroundUp.

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