Minister to be consulted on evictions

A task team set up by Human Settlements Minister Lindiwe Sisulu to discuss the recommendations of the Lwandle Commission is finalising a list of proposed changes to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).

Among other things, the team, which includes representatives from the Department of Land Affairs and the State Law Adviser’s office, proposes that private landowners and municipalities must notify the Minister or the provincial housing MEC before applying to the courts for an eviction order.

Ministerial spokesman Ndivhuwo Mabaya said the Minister might then intervene to prevent municipalities evicting people from land “for the benefit of rich developers”.

But, he said, the task team was also concerned with the prevention of illegal land occupation, and would recommend changes to the legal responsibilities of landowners, municipalities and central government in that respect.

“As much as we must always be sensitive to the plight of people, we must also prevent invasion of land which may not be suitable for human habitation,” he said. Landowners and municipalities should be encouraged to pick up signs of illegal occupation quickly, said Mabaya.

“You can’t let people live on the land for 10 years and then suddenly decide to evict them.”

“You must have reasonable cause to evict people, not just wake up and start evicting people.”

The commission of enquiry was set up by Sisulu after the violent eviction of residents at Lwandle in Strand in June 2014.

Sisulu handed in the commission’s report to the National Assembly on 23 October and urged the portfolio committee on human settlements to ensure that all the recommendations were adhered to. On 4 November, the committee approved all the recommendations, including changes to the PIE Act.

Mabaya said the task team’s proposals would be put before parliament by December this year.