Protect Property Rights: Stop Forced Accommodation Obligations in the Eviction Bill

South Africa’s democracy is built on the principle that your voice matters—and so do your rights.

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2026 introduces sweeping changes that shift power away from property owners and into the hands of the state.

Under this bill, eviction is no longer simply a legal process between owner and occupier. Instead, it becomes a state-managed process where courts may require that alternative accommodation be secured before an eviction can proceed. In practice, this creates a system where property owners lose control over how and when they can reclaim their land.

  • Closes: 15 June 2026
Make your voice heard
More about this bill
In the media

Speak up, be heard, take a stand!

At Free SA, we believe in a democracy where rights are protected, not diluted, and where government supports citizens without overriding their freedoms.

This campaign calls for a balanced approach—one that addresses housing challenges without undermining property rights or expanding state control beyond reasonable limits.

Make your voice heard

I oppose provisions in the Prevention of Illegal Eviction Amendment Bill that:

  • Expand state control over private eviction processes
  • Require or imply that property owners are responsible for securing alternative accommodation
  • Undermine the fundamental right to control and reclaim private property

I support:
  • Strong, clear protection of property rights

More about this bill

Key concerns with this bill

Expansion of State Power into Private Property Matters

The bill mandates the involvement of government entities in eviction proceedings and allows courts to require that accommodation be arranged before eviction.

  • State entities must be joined in cases
  • Courts can condition eviction on housing availability
  • Evictions shift from private legal matters to state-controlled processes

Why this matters: This represents a significant shift of power from individuals to the state, reducing the autonomy of property owners over their own land.

Implied Obligations on Property Owners

The introduction of “alternative accommodation” means that eviction may depend on whether housing is available—regardless of ownership rights.

  • Owners may face delays due to housing requirements
  • Control over property becomes conditional
  • Responsibility for social outcomes is indirectly shifted onto private individuals

Why this matters: This creates a quasi-welfare obligation through property law, where ownership no longer guarantees control.

What we're advocating for

Free SA supports solutions that are fair, practical, and constitutionally sound.

We call for:

  • Clear protection of property rights
    Eviction processes must remain grounded in the principle that ownership includes the right to control and reclaim property.
  • State support without coercion
    Government should provide housing solutions without making private citizens responsible for fulfilling them.
  • Legal certainty and efficiency
    Eviction laws must remain clear, predictable, and timely to uphold the rule of law.

How you can help

Your voice has power—and it is legally recognised.

By participating through Free SA, you can:
 
  • Submit your comment directly to government
  • Stand up for fair and balanced laws
  • Join thousands of South Africans shaping policy before it becomes law

Every submission is part of the democratic process—and every voice counts.

In the media

IOL Article
eNCA Article
BusinessTech Article
EWN Article

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