Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE)

Eviction at instance of organ of state

In dealing with the question as to whether a local authority can evict squatters on private land, the answer appears to be section 6 of PIE. This section gives a local authority the locus standi to evict provided the conditions are met:

Eviction at instance of organ of state

6. (1) An organ of state may institute proceedings for the eviction of an unlawful occupier from land which falls within its area of jurisdiction, except where the unlawful occupier is a mortgagor and the land in question is sold in a sale of execution pursuant to a mortgage, and the court may grant such an order if it is just and equitable to do so, after considering all the relevant circumstances, and if—
   (a) the consent of that organ of state is required for the erection of a building or structure on that land or for the occupation of the land, and the unlawful occupier is occupying a building or structure on that land without such consent having been obtained; or
   (b) it is in the public interest to grant such an order.
   (2) For the purposes of this section, ‘‘public interest’’ includes the interest of the health and safety of those occupying the land and the public in general.
   (3) In deciding whether it is just and equitable to grant an order for eviction, the court must have regard to—
   (a) the circumstances under which the unlawful occupier occupied the land and erected the building or structure;
   (b) the period the unlawful occupier and his or her family have resided on the land in question; and
   (c) the availability to the unlawful occupier of suitable alternative accommodation or land.
   (4) An organ of state contemplated in subsection (1) may, before instituting such proceedings, give not less than 14 days’ written notice to the owner or person in charge of the land to institute proceedings for the eviction of the unlawful occupier.
   (5) If an organ of state gives the owner or person in charge of land notice in terms of subsection (4) to institute proceedings for eviction, and the owner or person in charge fails to do so within the period stipulated in the notice, the court may, at the request of the organ of state, order the owner or person in charge of the land to pay the costs of the proceedings contemplated in subsection (1).
   (6) The procedures set out in section 4 apply, with the necessary changes, to any proceedings in terms of subsection (1).

Person(s) selling land without the consent of the land owner

A person who directly or indirectly receives or solicits payment of any money or other consideration as a fee or charge for arranging or organising or permitting a person to occupy land without the permission of the land owner, is guilty of an offence and liable on conviction to a fine or imprisonment to a maximum of two years or both a fine and imprisonment (section 3 of PIE).

Required : Evidence of payments to one or more persons by squatters

Prohibition of receipt or solicitation of consideration in respect of unlawful occupation of land

3. (1) No person may directly or indirectly receive or solicit payment of any money or other consideration as a fee or charge for arranging or organising or permitting a person to occupy land without the consent of the owner or person in charge of that land.
   (2) Any person who contravenes a provision of subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding two years, or to both such fine and such imprisonment.
   (3) The court which convicts any person of a contravention of this section, must order any money or other consideration received by that person which have been seized, to be forfeited, and the said money and the proceeds of such other consideration may be paid to the person or persons from whom the money or other consideration was received, and where such person or persons cannot be positively identified, into the National Revenue Fund.
   (4) If any money has been received in contravention of subsection (1) but has not been seized or made available for purposes of confiscation, the court which convicts any person of a contravention of this section, may order the amount proved to the satisfaction of the court to have been received by such person to be paid to the person or persons from whom the money or other consideration was received, and where such person or persons cannot be positively identified, into the National Revenue Fund, and such order has the effect of and may be executed against such person as if it were a civil judgment in favour of that person or persons from whom the money or other consideration was received or in favour of the State.

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