A new draft law on illegal evictions and land occupation has been published. (Photo: City of Cape Town via Facebook)
A new draft law on illegal evictions and land occupation has been published and the public can comment on it over the next two months.
Luyolo Mphithi, the DA’s spokesperson on human settlements, says the party welcomes the amendment bill.
“This development is a clear step forward in tackling the crisis of illegal land occupation. The DA has already presented the core reforms that the department is promoting in 2023.”
Mphithi says the DA tabled the legislation at the time to criminalize the incitement and organization of illegal land occupations, which include those where no payment applies. It also included the criteria that courts should consider when granting eviction orders, and empowering courts to recommend alternative residence with clear conditions and time frames.
The DA submitted the bill in 2023 and it was officially presented to the portfolio committee in 2025. The Department of Human Settlements then indicated that it agreed with the content of DA’s approach and undertook to speed up its own bill. The minister of human settlements undertook at that stage to table it early in 2026.
Mphithi says the draft law that has now been published reflects that agreement.
“Key provisions proposed by the DA have now been included in the department’s bill, which goes even further to address this crisis.
“This is how parliament is supposed to work: Constructive, evidence-driven proposals must shape policy, regardless of where they come from.”
He says illegal land occupations put enormous pressure on municipalities, undermine spatial planning and the rule of law, while millions of South Africans remain on legal housing waiting lists.
“South Africa cannot maintain a system where illegality is rewarded and legality is undermined.”
He says the DA remains committed to practical, enforceable reform that restores order in land use, protects property rights and ensures housing delivery is fair, legal and sustainable.
Mphithi thanked the minister for the prompt attention she gave to the issue. He encourages South Africans to participate in the comment process over the next 60 days.
The DA says it will also continue to promote reforms within the government of national unity (GNE) that are based on the law, evidence and the lived reality of communities right across the country.