The role and functions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in land reform in South Africa

Abstract

In this minithesis, I set out to determine the degree to which the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is in line with the objectives of South Africa's land reform policy with regard to the promotion of access to land and security of tenure, and to determine to which extent the Act has contributed to land reform.

A brief historical overview of South African land law is provided in order to indicate the reasons for enacting PIE. Current land policy is then described to establish the extent to which the Act is in line with the objectives of land reform and its constitutive components. The motivation giving rise to the enactment of PIE is analysed in more detail by setting out the objectives of the Act and the basic procedure prescribed for eviction under the Act. The flaws identified in the Act are analysed with reference to case law. The Act along with the proposedamendments are then systematically compared to the objectives ofthe land reform policy.

Conflicting views regarding the place of PIE in the land reform system gave rise to the present investigation. As the Act has its roots in section 26(3) of the Constitution, it has been linked to the right of access to adequate housing, which has led to the interpretation that it was a means of effecting land reform. It is evident from the investigation that the Act was intended too further purposes of land reform. However, the interpretation of the Act by the courts supports the notion of employing the Act as a means of effecting broader social reform.

I argue that the Act makes a limited contribution to effecting the right of access to adequate housing. In terms of ensuring security of tenure, however, the Act plays a pivotal role in the prevention of arbitrary evictions. This minithesis is concluded with a description of the implications of this investigation.