Unlawful Entry on Premises bill proposed to replace apartheid era trespassing laws

The public have until 16 September 2022 to comment on the proposed Unlawful Entry on Premises bill which seeks to repeal and replace the Trespass Act, No 6 of 1959 which formed part of apartheid era legislation.

Minister of Justice and Correctional Services Ronald Lamola File picture: GCIS

Published Aug 18, 2022

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Durban - The public has been invited to comment on a proposed Unlawful Entry on Premises bill that was drafted by the Department of Justice and Constitutional Development, to repeal and replace the Trespass Act, No 6 of 1959.

The department said during Justice and Correctional Services Minister Ronald Lamola’s budget speech in parliament for the 2021/22 financial year, he said some pieces of legislation which are not overtly unconstitutional, unjust or anti-democratic, still foster the policies of apartheid.

During his speech Lamola said 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.”

The Bill aims to do that by repealing the apartheid era Trespass Act.

“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,” said the department.

The bill deals with the unlawful entry on premises, and to provide for matters connected therewith.

Among other things, the bill 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.

CLICK HERE to access the bill which was published for comment on the department's website.

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

  • Fax nr: 012 406 4632.

THE MERCURY