Best of Johannesburg

Eviction from Vacant Land in South Africa: 2025 Rights

Published

2 months ago

August 8, 2025

Chiraag

eviction from vacant land, PIE Act protections, land rights South Africa, Joburg ETC

Can someone be evicted from a piece of open land in South Africa? In 2025, the short answer is yes, but only if the correct legal process is followed.

This isn’t just about land. It’s about people, property, dignity, and survival. And the law walks a fine line between them all.

The Law: No Eviction Without a Court Order

South Africa’s Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) protects people from being evicted without legal oversight, even if they are unlawfully occupying land.

Landowners cannot remove anyone from property, vacant or developed, without a court order.

Before granting an eviction, courts must consider:

How long the occupier has lived there
Whether they are vulnerable (children, elderly, disabled)
Whether there is alternative accommodation available
Whether the occupation is out of genuine need or bad faith

The court must find the eviction “just and equitable” before it can proceed.

2025 Update: Proposed Changes to the PIE Act

In 2025, Parliament is reviewing an amendment to the PIE Act that would:

Make it a crime to incite land invasions, even if no money changes hands
Provide clearer criteria for courts when dealing with bad-faith occupations
Set time limits on municipalities’ responsibilities to provide housing

The bill aims to protect landowners and municipalities from abuse while still respecting the rights of vulnerable groups.

Landowners: Follow the Legal Process or Risk Jail

If your land is unlawfully occupied:

Cancel any previous permission to stay (if it existed)
Give written notice to vacate
Apply to the Magistrate’s or High Court for an eviction order
Serve notice on both the occupier and the municipality 14 business days before the hearing
Attend the court hearing. If granted, a sheriff enforces the eviction

You cannot disconnect services, remove belongings, or intimidate anyone. Doing so is illegal and can result in fines or prison time.

Occupiers: You Also Have Legal Rights

If you’re living on vacant land:

You cannot be evicted without a court order
You must receive notice of the eviction hearing
You can challenge the eviction in court
You have the right to legal aid or public defence

Courts may delay evictions if they would result in homelessness, especially for children or vulnerable individuals.

Real-World Context: Why This Matters in 2025

Joburg and other metros are facing increasing land occupation. Social media is full of debates between “it’s survival” and “it’s stealing.” But the law doesn’t pick sides. It picks processes.

Evictions, even from open land, are legal, but only if the rules are followed. In 2025, those rules are getting stricter to prevent political or criminal abuse, while still protecting those who truly have nowhere else to go.