17 September 2022
Land owners may have to fork out money to ensure their properties are adequately fenced and will have to erect visible signs warning trespassers if proposals to the new Unlawful Entry on Premises Bill are Gazetted.
But while this may be on the cards and still a while off, political parties reacted with mixed feelings to plans by the Department of Justice and Constitutional Development to make proposed changes to the Bill.
The Freedom Front Plus (FF Plus) did not mince its words and slammed the proposals as being “out of touch with reality and to the detriment of land owners”. Parties also expressed concern over SAPS’ abilities to deal with trespassers.
The new act, if gazetted, will mean that land owners must approach an unlawful trespasser and request them to vacate the premises. That could result in direct conflict, considering the high crime rate as well as the alarming number of house and farm attacks on South Africans.
But the Department of Justice and Constitutional Development said the main purpose of the Bill is to repeal and replace the Trespass Act, No. 6 of 1959 and to prohibit unlawful entry on premises. The department’s Steve Mahlangu said a person found guilty of an offence under the Bill is, on conviction, liable to a fine or to imprisonment for a period not exceeding two years or to both the fine and imprisonment.
“It is important to note that the penalty to be imposed for a charge of unlawful entry is over and above the penalties to be imposed for other charges e.g. housebreaking, theft, robbery,” he said.
The proposal reads: “The Trespass Act has been identified as a piece of colonial/apartheid era legislation as it was originally designed to combat trespass, publications and conduct engendering hostility between certain population groups. The Trespass Act has therefore lost its relevance in our constitutional democracy.
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”.
The part of the new proposed act that has the FF Plus hopping mad reads: “This Act, unless the context otherwise indicates – “enclosed land” includes any land that is (a) surrounded by a fence; (b) surrounded by a natural boundary; (c) surrounded by a fence and a natural boundary; or (d) posted, in accordance with section 6(1), with signs prohibiting trespass.”
FF Plus MP and chief spokesperson: Justice and Correctional Services, Jaco Mulder said “These amendments make it easier for trespassers to occupy land and erect unlawful structures, which could seriously violate landowners’ rights. In fact, the proposed amendments are protecting trespassers, seeing as such a person could argue in their defence that they truly believed they were authorised to enter the property. Barricades, fences and notices must now explicitly and visibly indicate the terms and conditions on which a particular property may be entered. The police also lack the ability and resources needed to respond swiftly to incidents of unlawful trespassing,”.
“SAPS can now act more decisively. It will mean that anyone who enters a property must have authority to do so. There are some loopholes but these will be dealt with at a later stage. But they must also fix the police. We will be keeping a close eye on developments,” he said.
The ANC and EFF did not reply to queries for comment.
Source IOL
