colonial and apartheid-era legislation that was initially intended to fight trespass, publications, and behavior that incited animosity between particular population groups.
“The Trespass Act has therefore lost its relevance in our constitutional democracy,” it said.
The new bill seeks to repeal these outdated statutes, reestablish rules against unauthorized access into buildings, and address related issues.
It outlines the crime of unlawful entry, the punishments that will be applied if the offender is found guilty, the obligation to notify an invader of the crime, the authority of the police, and defenses against the crime.
The new statutes broadly define the offense as follows:
Without the owner’s or the legitimate occupier’s authorization, anyone who enters a fenced property without permission commits an offense;
Property owners need to put up clear signage – or give an oral warning to the perpetrator – that indicates that entry is prohibited;
Owners or lawful occupiers can call the police to apprehend trespassers;
It is presumed that entry to the door of the property is not forbidden if you have supplied the means to reach it. Trespassers can defend against the charge if they have a reasonable belief that they have title or an interest on the premises that allows them to enter.
Trespassers may be sentenced to a fine, up to two years in prison, or both if they are proved guilty.
This bill is still a draft and comments on the bill are welcome. Any comments to be made on the bill can be sent via the contact details below.
The comments on the bill must be submitted to Ms A Botha, on or before 16 September 2022. The contact details are:
Postal address: The Director-General: Justice and Constitutional Development, Private Bag X 81. Pretoria, 0001 – marked for the attention of Ms A Botha; or
E-mail address: AlBotha@justice.gov.za
