eThekwini Mayor Pushes for Special Courts to Tackle Land Invasions

Xaba highlighted a growing trend across townships and urban areas where criminal syndicates illegally occupy buildings or land, often collecting rent from tenants without legal authority.

eThekwini Municipality Mayor Cyril Xaba has called for urgent legal reforms, proposing the establishment of specialised courts to deal with the rising cases of land invasions and property hijackings—an issue increasingly burdening both property owners and local authorities.

Speaking at a media briefing on Wednesday, Xaba confirmed that he has formally approached Justice and Constitutional Development Minister Mmamoloko Kubayi with the proposal, arguing that the current legal system is too slow, complex, and costly for affected property owners to navigate.

Growing Crisis of Hijacked Properties

Xaba highlighted a growing trend across townships and urban areas where criminal syndicates illegally occupy buildings or land, often collecting rent from tenants without legal authority.

"Once owners lose control of their properties, it becomes extremely difficult and expensive to reclaim them," Xaba said, noting that legal processes require court oversight, which many cannot afford.

The problem is further compounded by historical ownership issues. Many properties remain registered in the names of deceased individuals, with no wills in place—creating legal grey areas that are exploited by criminal groups.

"These properties are particularly vulnerable, and families often lack the resources to pursue legal action," he added.

Specialised Courts to Fast-Track Justice

To address these challenges, the Mayor is advocating for the creation of special courts dedicated to land invasions and property hijackings, similar to municipal and commercial courts.

He argues that such courts would:

• Fast-track eviction and property recovery cases

• Reduce legal costs for property owners

• Improve enforcement against criminal syndicates

• Strengthen accountability and deterrence

"I strongly believe specialised courts will make justice more accessible and ensure perpetrators are held accountable," Xaba said.

The City Manager, Musa Mbhele, has been tasked with establishing a dedicated team to consolidate a formal proposal for submission to national government.

Legislative Backing: PIE Amendment Bill

The proposal comes amid broader national efforts to strengthen legal responses to unlawful occupation. The recently published Prevention of Illegal Eviction (PIE) Amendment Bill aims to empower municipalities, state entities, and private property owners to act more decisively.

Human Settlements Minister Thembi Simelane said the amendments are designed to:

• Improve clarity and enforceability of the law

• Streamline eviction processes

• Enhance the effectiveness of existing legislation

The push for reform follows a noticeable increase in land invasions and building hijackings across South Africa, placing financial and administrative strain on both government and private stakeholders.

R500 Million Debt Relief for Deceased Estates

In a parallel intervention, Xaba announced a major municipal initiative aimed at resolving long-standing property ownership challenges.

The Deceased Estate Debt Write-Off Programme has already resulted in more than R500 million in municipal debt being written off, targeting properties tied to unresolved estates.

The programme applies to:

• Properties valued under R1 million

• Estates unresolved for at least 24 months

• Cases where families agree on a responsible account holder

"A key condition is that families must designate someone to take responsibility for municipal accounts to prevent future debt accumulation," Xaba explained.

Balancing Relief with Revenue Recovery

The initiative is designed to:

• Ease financial burdens on affected families

• Unlock stalled property transfers

• Improve municipal revenue collection

• Regularise property ownership records

Officials say resolving deceased estate issues is critical to addressing broader urban management challenges, including illegal occupation and service delivery inefficiencies.

A Multi-Pronged Response to Urban Challenges

Xaba's proposals signal a more coordinated approach to tackling land and housing challenges—combining legal reform, legislative updates, and financial interventions.

As land invasions and property hijackings continue to rise, the call for specialised courts could mark a significant shift in how South Africa handles urban property disputes, potentially setting a precedent for other municipalities facing similar challenges.