Ekurhuleni: EThekwini Municipality Mayor Cyril Xaba has called for the establishment of special courts to address the growing problem of land invasions and property hijackings. Xaba on Wednesday said he has approached Justice and Constitutional Development Minister, Mmamoloko Kubayi, with the proposal, citing growing concern among property owners who struggle to reclaim hijacked land or buildings through existing legal processes.
According to South African Government News Agency, Xaba noted that once property owners lose control of their land or buildings to criminals, reclaiming them becomes extremely difficult and costly. The process requires court supervision, which incurs significant expenses. Xaba highlighted that in many townships and suburbs, properties are still registered in the names of original owners who are now deceased. The lack of wills further complicates the transfer of ownership, making these properties vulnerable to criminal syndicates who hijack them and unlawfully collect rent from tenants.
Xaba believes that specialised courts can ameliorate the situation and make the administration of justice more accessible, similar to municipal courts that deal with traffic violations and commercial courts. He strongly believes that the establishment of special courts for hijacked properties and land invasions will protect property owners from unlawful activities and ensure that perpetrators are held accountable.
The mayor has directed City Manager Musa Mbhele to establish a task team to consolidate a formal proposal for submission to the Minister. Xaba's call follows the Prevention of Illegal Eviction (PIE) from and Unlawful Occupation of Land Amendment Bill, published recently, which seeks to empower municipalities, State entities, and private property owners to respond more decisively to illegal occupations and evictions.
Human Settlements Minister Thembi Simelane, who announced the release of the bill for public comments, said the proposed amendments aim to strengthen the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998 by making it more effective, easier to interpret, and simpler to enforce. The move comes amid a rise in unlawful land and building occupations across the country, placing a significant financial and administrative burden on both government and the private sector.
In a related intervention, Xaba announced that the eThekwini Metropolitan Municipality has introduced a Deceased Estate Debt Write-Off Programme to help address challenges linked to properties registered under deceased estates. Xaba said the programme was due to challenges when the municipality collects rates from properties registered under deceased estates. Through the initiative, the municipality has written off more than R500 million in outstanding debt.
The programme applies to properties valued at under R1 million, where the estate had remained unresolved for at least 24 months, as of the policy's approval in August 2024. A key condition is that family members must agree on who will take responsibility for municipal accounts to prevent the re-accumulation of debt. Xaba said the intervention aims to ease administrative and financial burdens on affected families, while improving revenue collection and property regularisation in the city.
