The Prevention of Illegal Eviction From and Unlawful Occupation of Land (PIE) Amendment Bill of 2006 reflects certain key interventions recommended by SAPOA (South African Property Owners Association) to safeguard the rights of land and property owners in South Africa.

Serious reservations were raised about the PIE Act when it was first promulgated in 1998. Since then, the National Department of Housing has been working on a series of amendments. Over the years, SAPOA has made several submissions to the Department, most recently on the PIE Amendment Bill of 2005.

Of all the concerns raised with the Department, SAPOA was particularly uncomfortable with the fact that the 2005 bill did not define the term ‘property’ to clearly include vacant land.

“We felt that the idea of land in its entirety needed to be retained in the amendments, not just buildings,” explains SAPOA CEO Neil Gopal. “And we raised this point strongly with the Department.”

The Amendment Bill of 2006 now includes the clearer definition: “a portion of land and buildings or structures on land.”

Without this amendment, property could have been interpreted as only including buildings and structures, potentially excluding owners of undeveloped or vacant land.

“This could have posed a serious threat to land owners throughout the country, as it would have affected their prospects of success in the event that a matter of this nature would be heard in court.,” elaborates Gopal.

Among its other recommendations, SAPOA also pointed out the rather long and unwieldy title of the Amendment Bill of 2005. Gopal notes that, in this too, the Department was receptive to SAPOA’s suggestion.

SAPOA applauds the Housing Department for its willingness to address the commercial and industrial property industry’s concerns so constructively.

“We are pleased to see that the Department has taken note of our input,” says Gopal. “The amendments were effected in a very holistic way and we believe the result is an amended bill of far greater clarity.”

Issued on behalf of:
SAPOA
Neil Gopal
T.  011 883 0679
C. 083 222 9608                                 

Tsakane Shilubane
Legal Services Manager
SAPOA
Tel (27+11) 883-0679
Fax (27+11) 883-0684

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Sandy Davey
T. 011 783 0700
C. 083 453 6668