Property rights will not be sufficiently protected if the Draft Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Amendment Bill is passed.
This is clearly evident in the written submission made by the Freedom Front Plus (VF Plus) yesterday. The party endorses the objective of promoting human dignity and legal certainty, but besides failing to sufficiently protect property rights, the Bill also has several flaws relating to practical matters.
Over the past two decades, the existing PIE Act has evolved into a system that increasingly saddles private property owners with the financial and legal burden of unlawful land occupations, while government organs fail to fulfil their constitutional obligations.
The proposed legislative amendments inadequately address this imbalance.
The Freedom Front Plus maintains that both the right to housing and property rights are constitutionally enshrined rights. The one may, however, not be enforced in such a way that it, in effect, violates the other. Section 25 of the Constitution protects property rights and remains a cornerstone of economic growth, food security, investor confidence and individual freedom.
A particular cause for concern, in the Freedom Front Plus’s view, is that the Amendment Bill leaves leeway for government’s duty to provide alternative housing to be shifted onto private landowners. In contrast, the Constitutional Court has already confirmed that this responsibility lies with the government and not landowners.
The Freedom Front Plus, therefore, proposed that the Act should clearly provide for a 14-day period within which unlawful and unestablished land occupations can be terminated with the assistance of the police.
Currently, the police frequently refuse to act, because such matters are regarded as civil disputes. Consequently, landowners often cannot obtain legal relief before occupations become established.
In addition, the party proposed that adjacent owners, community organisations and other interested parties should have the right to make eviction applications, and that all relevant government organs be obliged to participate in court proceedings.
Furthermore, public office-bearers who facilitate unlawful land occupations or deliberately fail to act should also be held criminally liable.
The Freedom Front Plus remains committed to dignified housing solutions, but will keep opposing legislation that erodes the rule of law, shifts government failures onto ordinary citizens and undermines property rights.
