On 15 June 2026, SERI submitted written comments opposing the Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2026. SERI's submission calls for the bill to be rejected in its entirety. In its submission, SERI argues that the Bill fails to engage with the history of land dispossession and the socioeconomic conditions that compel people to occupy land and instead frames occupation primarily as a law enforcement problem. SERI contends that this approach does not reflect the lived reality of most people who occupy land out of necessity, not criminal intent.
SERI's submission identifies several provisions that are constitutionally untenable. The proposed amendments to section 3 of the PIE Act would reintroduce criminal liability for occupation and for activities such as organising, inciting, or supporting communities facing eviction conduct that is currently lawful and constitutionally protected. SERI warns that these provisions are so broadly worded that they could expose social movements, lawyers, and civil society organisations to criminal prosecution simply for assisting vulnerable communities to understand and assert their rights. The Bill also narrows the duty of municipalities to provide alternative accommodation and introduces time limits on such accommodation, directly contradicting the Constitutional Court's jurisprudence in Grootboom, Olivia Road and Blue Moonlight.
SERI's overall position is that the Amendment Bill threatens to reverse decades of carefully developed constitutional jurisprudence on housing and eviction law. Rather than strengthening the PIE Act, the Bill weakens the protections it was designed to provide and risks reintroducing the punitive logic of apartheid-era legislation such as the Prevention of Illegal Squatting Act. SERI calls on Parliament to reject the Bill and instead develop legislation that genuinely responds to the housing crisis by protecting the rights of poor and vulnerable communities, in line with South Africa's constitutional obligations.
In addition to this submission, SERI collaborated with other civil society partners in the production of two other joint submissions commenting on the Bill and calling for its rejection. Furthermore, SERI collaborated with Vermaak Marshall Wellbeloved Inc, a boutique firm specialising in land and property rights. The two institutions routinely represent litigants in matters brought in terms of the PIE Act. The submission highlights our experiences in four court cases and share some concerns with the Bill.
- Access SERI submission here.
- Access SERI Joint Submission (with partners) here.
- Access Joint Submission (with other civil society) here
- Access Joint Submission ermaak Marshall Wellbeloved Inc here