The impact of the prevention of illegal evictions from and unlawful occupation of land act on the rights of landowners

Abstract

Unlawful occupation has occurred since foreign travellers settled in other countries although it was not seen as a problem then. South Africa has experienced unlawful occupation since the 1650s when settlers from all around the globe discovered the wonders it had to offer. Since this time, the concept of land ownership and who had a right to stay on the land has changed numerous times. The first impact was colonization and the laws that it brought with it such as the Black Administration Act5. The second impact on land rights was during apartheid were under the Group Areas Act people were only allowed to own land and live in designated areas. Now under the new Constitutional dispensation, the law aims to fix its pasts transgressions in terms of land rights. The most influential legislation enacted after 1996 regarding property law was the Prevention of Illegal Evictions from and Unlawful Occupation of Land Act (Hereafter referred to as the PIE Act).8 It was enacted after the Prevention of Illegal Squatting Act9(hereafter referred to as PISA) was repealed for its unconstitutional applications and provisions of racial segregation.10 The focus of the PIE Act is on residential areas whereas industrial areas are adjudicated over by the common law.11 The PIE Act12 is supposed to balance the rights of landowners as well as the rights of unlawful occupiers. The Act defines an unlawful occupier stating that is a person who occupies land without the owner’s permission or without any right to occupy the land.13