LIMPOPO – The Greater Giyani Municipality may soon begin removing the illegal structures of vendors around Giyani town after learning that it does not have to rely on the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, which is known as the PIE Act, to do so.

This came out during a recent council meeting where audit committee chairperson Kenneth Mhlongo clarified that the PIE Act applies only to residential evictions, not business premises.

Court approval needed before removals

He said the municipality could move forward under common law once a court order is granted.

“The issue of removing illegal structures in town has been delayed because we’re waiting for the court order,” said Mhlongo. “In one of the meetings, the municipality mentioned that it faces challenges with the PIE Act when it comes to removing illegal business structures. From my understanding, the PIE Act is only relevant when you’re dealing with people living in residential areas. For business structures, it’s not required. I hope the municipality can finalise this matter soon,” he said.

His views were supported by Cllr Cedrick Baloyi, who is also a lawyer by profession. “I fully agree with you,” said Baloyi. “There’s no need to comply with the PIE Act when dealing with business structures. The sooner we act, the better for the institution,” he said.

Baloyi also explained that usually, when someone is evicted from a home, an alternative place must be provided, but that it was not so with business evictions. Meanwhile, according to South African law, business or commercial evictions fall under common law rather than the PIE Act.

This means that a business can only be evicted once its lease has legally ended and the proper court process has been followed. Mhlongo confirmed that the municipality has already completed these steps and is now waiting for the court’s final approval.

If the court grants the order, the municipality will be able to remove the many illegal business structures that have popped up across the CBD, which make the town look disorganised and untidy.

Move aims to improve order and compliance

Their removal would not only improve the town’s appearance but also help enforce safety and zoning rules.

The move is also expected to send a strong message that operating without proper authorisation will no longer be tolerated in the municipality and would also encourage other business owners to get the necessary permits needed to run their businesses legally.

Ultimately, this step is expected to make Giyani more attractive to investors, something that Mayor Thandi Zitha has often emphasised in her cleaning campaigns, stating it is necessary for job creation among residents.