eThekwini mayor Cyril Xaba.
Image: Supplied by Durban Tourism
eThekwini Municipality Mayor Cyril Xaba raises concerns over unresolved deceased estates, leading to a R520 million debt write-off, land invasions and hijacked buildings.
The municipality’s deceased estate write-off project was introduced in November 2024. Since July 2025, this project has written off 5,509 applications for deceased estates totalling R520 million.
According to a municipal finance committee report, the total debtors on March 31, 2026, amount to R44 billion.
Monthly increases in the debtors' book are attributed to factors affecting customers' ability to pay, including poverty, unemployment, and deceased or liquidated estates.
During March 2026, R51 million were written off.
A total of 671 applications were received, and 20 were turned down for failing to meet the requirements. The report stated that there were zero applications left for processing for March 2026.
On Sunday, Xaba held a discussion with South African Minister of Justice Mmamoloko Kubayi regarding the issues of land invasions and the illegal occupation of buildings and land. To enhance access to justice, Xaba put forward a proposal for the creation of a special municipal court.
“When the complainant goes to the police, they are told it is a civil matter. I asked Kubayi to come to our rescue with interventions. If we don't do anything about it, it will be a grave injustice. There is a growing feeling that once you lose control of your land, it is difficult to get it back,” he said.
Xaba added that most properties are still registered under a deceased person who did not leave a will behind, nor had the property been transferred to his/her children.
He said that in some cases, even the children have died, nor had the property been transferred to their grandchildren. He said these properties have fallen into the hands of criminal elements, where rent was collected, but municipal services are billed to the land or building owner.
“We have found that most people cannot afford to access the law to fight the matter in court. Money is the barrier. We are still billing the owner for services, but he is not on the property because it has been hijacked. People put their hands on their heads and give up because they feel helpless.”
Xaba said he would arrange a bilateral meeting with Kubayi to craft a way forward on this matter.
According to the mayor, these property owners were saddled with bills while municipal debt increased.
Yogis Govender, eThekwini DA councillor and Exco member, called for a meeting with all affected stakeholders, land use management, and law enforcement.
“The lack of capacity at the municipal court needs to be addressed first. The courts have a backlog themselves with general by-law transgressions. We need to fix this problem before or after we convene a meeting with Kubayi,” she said.
Nkosenhle Madlala, eThekwini Exco member and ANC councillor, said this was a much-needed intervention because those in the rural areas and outlying suburbs did not know which office to turn to for help.
Madlala said landowners were constrained by legislation and laws after their own land was invaded or a building was hijacked.
“The clause requiring you to find alternative accommodation for the invaders was a concern. People did not have the money to deal with this issue and were undermined by organised invasions backed by powerful forces behind them. In some instances, this problem has led to investors and businesses leaving the city.”
In April 2026, the government published the Prevention of Illegal Eviction (PIE) from and Unlawful Occupation of Land Amendment Bill, which seeks to empower municipalities, State entities, and private property owners to respond more decisively to illegal occupations and evictions. The bill, now published in the Government Gazette, follows its approval by Cabinet.
Human Settlements Minister Thembi Simelane said the move came amid a rise in unlawful land and building occupations across the country, placing a significant financial and administrative burden on both government and the private sector.