A man was recently apprehended by a local security company after he entered a property situated on Aquamarine Drive, Sunnyridge, Newcastle. However, the security company in question was forced to let the man go, after contacting the Newcastle SAPS who refused to send out a vehicle.
Allegedly, the police could not send out a van for trespassing as the suspect did not technically commit any form of theft and could not be booked for trespassing.
As one can imagine, this has left residents questioning the recourse available to them when facing a stranger in their yard, especially with the festive season approaching and criminals becoming more active.
Speaking on the incident in Sunnyridge, Newcastle SAPS Station Commander Brigadier Vassie Naidoo explained that while circumstances around trespassing were a tad tricky, it was unacceptable that law enforcement did not attend the scene.
“The police need to send a van out, as to investigate and profile the person, to see what he was doing on the property,” said Brigadier Naidoo, who assured he would look into why a vehicle was not sent out to the home.
Moving onto the act of trespassing, the Brigadier noted that it was essential that residents familiarised themselves with the trespassing act.
According to the Trespass Act 6 of 1959, in simple English, it is illegal to enter another person’s land or home without their permission. Something which people can relate to. While this might seem rather easy to understand, for it to be an actual crime, Brigadier Naidoo said, “You will need a notice on your fencing to say that trespassers will be prosecuted if they enter your premises.”
Also, he noted that one needed to establish exactly why the individual was on your premises before it became an actual crime. “The individual could be fleeing from danger and seeking refuge and safety in your yard. They could also be destitute and searching for food,” explained Brigadier Naidoo.
While this is often an unlikely reason for a person to be in another person’s yard, Brigadier Naidoo reiterated that it was for this reason that it was essential for law enforcement to attend to scenes where people were reported entering someone else’s property.
Moreover, Newcastillians also needed to be cautious of what they do if they found a stranger in their yard, as they simply could not attack the individual unless their lives were in imminent danger.
“If you take the law into your own hands, there will be consequences, which is why the police need to go out. They need to assist the community in situations of uncertainty and potential danger. Residents also need to get involved with the Newcastle CPF (Community Policing Forum) as they will also be able to assist in situations such as this,” emphasised Brigadier Naidoo.
With this said, it should be noted that the Department of Justice and Constitutional Development 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.
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 to be guilty of the offence; the duty to inform an intruder of unlawful entry; the powers of the police and defences to the offence of unlawful entry.
To read more about the proposed changes to the trespassing bill, click here.
As Brigadier Naidoo assures that Newcastle Police will no longer stay away from reports of strangers found in someone’s yard, it is essential to know that it’s important to acquire a “No Trespassing” sign for your yard and to not confront a trespasser without probable cause or unless in self defense. Rather, contact a local security company, the CPF or the police.
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