Key Takeaways
- Approximately 2,400 non‑compliant, hijacked or abandoned buildings have been recorded in South Africa’s eight metropolitan municipalities.
- Municipalities already possess the legal by‑laws, structures and enforcement mechanisms needed to act; the main obstacle is the lack of funded temporary emergency accommodation for evicted occupants.
- The Constitutional Court has affirmed that providing emergency shelter is a municipal duty, stalling evictions when such facilities are unavailable.
- Mayors cite revenue loss from unpaid rates, excessive utility consumption, and the criminal use of these buildings (human trafficking, drug dealing, illicit trade).
- A coordinated national response is being pursued, focusing on three priority interventions: a national funding model for emergency accommodation, judicial prioritisation of hijacked‑building cases, and a unified definition/reporting template.
- Repurposing under‑used vacant buildings for student housing and affordable rentals is proposed as a preventive measure against inner‑city decay and criminal enclaves.
Overview of the Current Situation
Justice Minister and Inter‑Ministerial Committee (IMC) chairperson Mmamoloko Kubayi revealed that about 2,400 buildings identified as non‑compliant, hijacked or abandoned have been registered across South Africa’s eight metropolitan municipalities. These structures are frequently occupied illegally and serve as venues for criminal enterprises such as human trafficking, drug trafficking, illicit goods trading, and widespread substance abuse. The IMC’s briefing highlighted the urgency of addressing both the physical deterioration of these buildings and the illicit activities they harbour.
Legal Framework Already in Place
According to the consolidated report considered by the IMC, each metropolitan municipality already possesses the necessary by‑laws, administrative structures, and enforcement processes to identify and act against bad or hijacked buildings. Importantly, none of the metros has requested additional legislative powers from the IMC, indicating that the existing legal toolkit is sufficient for enforcement if operational barriers can be overcome.
Barrier to Evictions: Lack of Emergency Accommodation
Kubayi stressed that the primary constraint hindering the execution of court‑ordered evictions or remediation is not a shortage of authority but the absence of funded temporary emergency accommodation for displaced occupants. Municipalities cannot lawfully carry out evictions without providing alternative shelter, a requirement upheld by the Constitutional Court on multiple occasions. Consequently, many eviction orders remain stalled, leaving illegal occupants in place and perpetuating the associated criminal activity.
Financial and Operational Concerns Raised by Mayors
During a meeting on 2 September with the mayors of all eight metros, the IMC garnered validation of the report’s findings. The mayors expressed significant concern over the loss of municipal revenue stemming from non‑payment of rates on hijacked properties. They also highlighted the strain on municipal resources caused by excessive water and energy consumption when buildings are used beyond approved regulatory limits, further eroding service delivery capacity.
Mayors’ Support for a Coordinated National Crackdown
The mayors endorsed a unified, integrated national effort to reclaim hijacked buildings, advocating for joint law‑enforcement operations and collaborative management across relevant sector departments. Kubayi emphasized that this coordinated approach aims to simultaneously improve the physical condition of the buildings and dismantle the criminal networks that have entrenched themselves within them, thereby restoring safety and order to affected inner‑city areas.
Targeting Criminal Syndicates Operating from Buildings
Beyond addressing structural decay, the law‑enforcement response will focus on dismantling the criminal syndicates that exploit these buildings for illegal rent collection and other forms of abuse against unlawful occupants. By targeting the profiteers and enforcers behind human trafficking, drug distribution, and illicit trade, the government seeks to cut off the financial incentives that sustain the occupation and degradation of these properties.
Three Prioritised Interventions
Kubayi outlined three core interventions agreed upon by the IMC to tackle the hijacked‑building crisis:
- National Funding Model for Temporary Emergency Accommodation – Led by the Department of Human Settlements, this initiative aims to secure sustainable financing for municipal shelters, enabling lawful evictions.
- Judicial Prioritisation of Hijacked‑Building Matters – The Department of Justice and Constitutional Development will ensure that cases involving illegal occupation receive expedited attention in Magistrate’s and High Courts.
- Adoption of a Single National Definition and Reporting Template – Coordinated by the Department of Co‑operative Governance, a standardized definition and reporting framework will allow consistent measurement and monitoring of the problem across all eight metros.
These measures are designed to create a systemic response that addresses both immediate enforcement challenges and long‑term prevention.
Broader Goals: Rehabilitating Inner‑City Areas and Preventing Decay
The IMC views the hijacked‑building initiative as part of a wider strategy to rehabilitate deteriorating inner‑city environments and eradicate criminal enclaves. By removing illegal occupants, securing properties, and repurposing vacant structures for student housing and affordable rentals, the government hopes to revive urban centres, restore municipal revenue streams, and reduce the social harms associated with unchecked building hijacking. The proposed repurposing also serves as a preventive measure, decreasing the likelihood that abandoned buildings will again become havens for illicit activity.