A proposed amendment to South Africa’s eviction laws aims to strengthen protections for small-scale landlords while granting municipalities greater authority to address unlawful land occupations.

Human Settlements Minister Thembi Simelane released the Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill for public comment on Thursday in Pretoria, saying the legislation recognises the realities facing ordinary South Africans who rent out backyard rooms or informal dwellings as a primary income source.

“It does not matter the scope or size of what you are leasing. Many people survive by renting out rooms. This bill ensures they are protected and have accessible legal recourse,” Simelane told SAnews.

The proposed changes would allow landlord-tenant disputes to be referred to the Housing Tribunal, offering a low-cost alternative to courts. The tribunal would have authority to mediate, issue legally recognised certificates and sanctions, and make rulings enforceable through the courts.

Landlords could obtain legally binding orders requiring tenants to vacate a property within a specified timeframe, with eviction possible if the order is not complied with.

The bill also introduces changes allowing municipalities to be formally joined in eviction proceedings, even where they are not the landowners. Simelane noted that municipalities often bear the burden of providing water, electricity and sanitation to informal settlements emerging through unlawful occupation, even when the land belongs to other entities.

“For example, where land owned by entities such as Transnet is unlawfully occupied, municipalities will be able to participate in court processes to outline their service delivery plans and constraints,” she said.

According to the minister, this marks the first time municipalities will have automatic joinder in such matters.

“Previously, they were often unable to act, even though they carried the responsibility for providing services,” she said.

The amendments are expected to strengthen enforcement of municipal by-laws, particularly in cases where land zoned for agricultural use is unlawfully converted into residential settlements without approval.

Simelane said illegal occupations disrupt planned service delivery and unfairly disadvantage residents waiting for housing and basic services through formal processes.

However, the minister stressed that the bill also seeks to protect vulnerable individuals who may unknowingly purchase or occupy illegally sold land.

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“Some community members fall victim to illegal land sales and only discover the illegality when facing eviction or demolition of their homes. The legislation aims to strike a balance between enforcement and fairness, ensuring that evictions are handled within a clear legal framework that considers the rights and circumstances of affected individuals,” she said.

The Department of Human Settlements is conducting public consultations across all provinces, including targeted engagements with property associations, civil society organisations and community groups.

Simelane said the outreach aims to ensure that ordinary citizens, particularly those unfamiliar with legal processes, understand the proposed changes and are able to provide input.

“This bill is about protecting ordinary community members. We want people to understand it, engage with it, and make their voices heard,” she said.

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