The Trespass Act to be changed, you need to have your say

Legal gray area: Trespassing challenges discussed by Newcastle Brigadier

Estimated reading time: 3 minutes

The Department of Justice and Constitutional Development (DOJCD) has drafted a Bill to repeal and replace the Trespass Act, No. 6 of 1959 (The Trespass Act) which will also prohibit unlawful entry on-premises. 

In light thereof, Minister Lamola explained that some pieces of legislation which are not overtly unconstitutional, unjust or anti-democratic, still formed part of a suite of legislative enactments designed to foster the policies of apartheid.

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Minister Lamola went on to say, “The continued existence of these laws in our statute book is not compatible with our Constitutional order. We will lead the process to review and repeal these statutes. At the same time, great care should be taken to ensure that the abrogation of these statutes does not leave or create a lacuna in the law.”

According to the Department, the Trespassing Act has been identified as a piece of colonial/apartheid-era legislation as it was originally designed to combat trespassing, publications and conduct engendering hostility between certain population groups. The Trespassing Act has therefore lost its relevance in our constitutional democracy.

The proposed new Bill will replace the”Unlawful Entry on Premises” act. Therefore, DOJCD intends to introduce this Bill to repeal and replace the Trespassing Act, No. 6 of 1959 (the Trespassing Act).

The Bill aims to prohibit unlawful entry on-premises and to provide for matters connected therewith.

Among other things, it provides for the offence of unlawful entry and the penalties to be imposed if a person is found guilty of the offence; the duty to inform an intruder of unlawful entry; the powers of the police and defences against the offence of unlawful entry.

This Bill has been duly published for public comment and can be accessed by clicking on the following link: https://www.justice.gov.za/legislation/invitations/20220812-InviteToComment-UnlawfulEnteringOnPremisesBill.pdf

It is instrumental for Newcastillians to read the Bill, as it clearly explains the correct steps to take when an individual decides to squat on your property.

For example, the Bill states if an individual occupies a space on your property, the lawful owner of the premises needs to give notice to them to leave, either orally or in writing. If the said individual does not leave, the police will have to be notified.

On arrival, the Bill further explains that law enforcement must call upon the intruders to leave the premises by obtaining their attention and in a loud voice that orders the participants to disperse and leave the premises within a specified time, taking with them any items brought on the premises and inform them that failure to adhere to the order will result in them being arrested.

It should be noted, that a person may not be convicted of an offence under this Act if they reasonably believed that they had title to or an interest in the premises that entitled them to enter the premises.

Comments on the Bill must be submitted to Ms A Botha, on or before 16 September 2022. The contact details are:

  • 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; or
  • Fax nr: 012 406 4632.

What are your thoughts on the above-mentioned? Share your views in the comment section below.

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