SAHRC Slams Unlawful Evictions, Demands Protection for Vulnerable Communities

Johannesburg, South Africa – The South African Human Rights Commission (SAHRC) has issued a strong condemnation of ongoing unlawful evictions across the country, warning that municipalities, private security companies, and state actors are violating both the Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE), Act 19 of 1998.

SAHRC: Evictions Without Court Orders Are Unconstitutional

The Commission highlighted that many evictions are carried out without court orders, in direct contravention of Section 26(3) of the Constitution, which explicitly prohibits such actions. According to the SAHRC, these forced removals represent systemic failures that disproportionately harm the poor, elderly, children, and persons with disabilities.

“These acts are not administrative oversights; they are deliberate violations that strip the vulnerable of dignity, security, and basic human rights,” the Commission stated.

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Concerns Over Gauteng Premier’s Remarks

The SAHRC also raised alarm over recent remarks by Gauteng Premier Panyaza Lesufi, who suggested that evictions could take place as early as 2 a.m. as part of government efforts to reclaim hijacked buildings and dismantle informal settlements.

The Commission described such plans as inhumane and degrading, arguing that late-night evictions expose families to trauma, criminality, and displacement.

Legal Safeguards Must Be Respected

The PIE Act requires judicial oversight, meaningful engagement, and protection for vulnerable groups before any eviction can proceed. The SAHRC reminded state organs, municipalities, sheriffs, and private contractors that evictions must follow due process, and acting outside the law is unacceptable.

SAHRC Calls for Urgent Stakeholder Engagement

To address the crisis, the SAHRC announced that it will be engaging with:

• The Minister of Cooperative Governance and Traditional Affairs
• The Minister of Human Settlements
• The South African Local Government Association (SALGA)
• The Private Security Industry Regulatory Authority (PSIRA)

The Commission stressed that evictions must never be a pathway to destitution or punishment, but must instead be guided by compassion, legality, and justice.

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Commitment to Monitoring and Accountability

The SAHRC reaffirmed its commitment to monitoring unlawful evictions and escalating findings where necessary. It called for political will, institutional accountability, and community empowerment to end this persistent human rights crisis.

“Eviction must never strip families of their dignity. It must uphold justice and protect the most vulnerable in society,” the Commission said.