‘We reject the scapegoating of migrants’: Vavi joins march against PIE amendments

The protesters said the proposed amendments would criminalise poverty rather than address the underlying causes of land occupations and homelessness. All photos by Simon Ramapuputla

The proposed legislation threaten constitutional protections and criminalise poverty and should be withdrawn, Abahlali demanded.

Housing rights activists, community organisations, legal advocates and trade unionists gathered at the Gauteng provincial legislature on Friday to oppose the proposed amendments to the Prevention of Illegal Eviction from Unlawful Occupation of Land Act (PIE), arguing that it would weaken constitutional protections against eviction while failing to address South Africa’s deepening housing crisis.

The march brought together representatives of Abahlali baseMjondolo, the Inner City Federation, the Socio-Economic Rights Institute of South Africa (Seri), the South African Federation of Trade Unions (Saftu) and other community organisations. Protesters submitted a memorandum calling for the draft legislation to be scrapped, describing it as a threat to poor and landless communities.

Activists argued that the proposed amendments place greater emphasis on criminalisation and enforcement than on resolving the structural causes of homelessness, land occupations and housing insecurity.

Luyanda Fitshane, chairperson of the Lindokhuhle Mnguni branch of Abahlali baseMjondolo in Gauteng, said the movement’s primary demand was the complete withdrawal of the bill. According to Fitshane, communities directly affected by the legislation had not been meaningfully consulted during the drafting process. “We were told there would be a public participation process, but many of us never had the opportunity to engage. As communities that will be directly affected, we felt compelled to come here and make our voices heard. You cannot make people criminals because they do not have homes. People are living in these conditions because government has failed to resolve the housing crisis,” he said.

The protestors believe that the existing PIE Act provides important safeguards by requiring courts to consider the circumstances of people facing eviction and the risk of homelessness before granting eviction orders.

Siyabonga Mahlangu, general secretary of the Inner City Federation, said the proposed amendments directly affect the communities he works with in Johannesburg’s inner city where many residents continue to face eviction threats, unsafe living conditions and inadequate access to basic services. “The reality is that many people are forced to live in overcrowded and unsafe conditions because adequate housing is simply not available,” he said.

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He argued that government should prioritise housing delivery and access to basic services rather than strengthening eviction mechanisms. “We need access to adequate housing, water and electricity. Those are the issues that should be receiving urgent attention.”

Speaking to Elitsha, Nomzamo Zondo, executive director of Seri, described the proposed legislation as a direct threat to constitutional rights. “The amendments criminalise conduct that has historically been protected by constitutional rights, including the right to organise and advocate for access to land and housing,” she said.

Zondo said the legislation fails to acknowledge South Africa’s unresolved land question and the reality that millions of people remain excluded from formal property ownership. “In a country where large numbers of people remain outside the formal property system, legislation of this nature disproportionately protects the interests of those who already have access to land and property,” she said.

The memorandum argues that the legislation undermines constitutional protections against arbitrary eviction, fails to address South Africa’s housing backlog, and risks criminalising poverty.

Addressing demonstrators, Saftu general secretary, Zwelinzima Vavi, said South Africa’s estimated housing backlog of 3.7-million units reflects a systemic failure rather than the actions of vulnerable groups often blamed for economic hardship. “The people marching here today are the face of the housing backlog,” Vavi said. “They are the face of unemployment, poverty and inequality.”

He criticised attempts to blame migrants for South Africa’s socio-economic challenges, describing such narratives as politically convenient distractions from deeper structural problems. “We reject the scapegoating of migrants for crises they did not create,” he said. “The housing crisis, unemployment crisis and inequality crisis were not created by poor people seeking opportunities. They are the result of policy failures and economic injustice.”

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The memorandum was formally received by Linda Mwale on behalf of the Gauteng government. Mwale acknowledged the concerns raised by protesters and accepted the submission for consideration through the appropriate governmental channels.

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