Unlawful Entry on Premises Bill
What you need to know about the draft Unlawful Entry on Premises Bill
This bill, if enacted and signed into law, will repeal the Trespass Act 6 of 1956 in its entirety. This will in turn lay down the foundation of new laws for governing and prohibiting of the unlawful entry on premises in South Africa.
The preamble of the bill reads as follows: “To prohibit the unlawful entry on premises, and to provide for matters connected therewith”.
With the above in mind, let us consider what are the main points of the proposed bill. Firstly, the bill regulates that in the case where someone gained entry in an unlawful manner (unlawful entry)[1], then the person(s) will be guilty of an offence.
Secondly, in cases where the person(s) is caught either in, or on a premises, without the explicit or implied consent of the lawful occupier[2], then their action will be construed as trespassing.
Thirdly, it is important to note that notice should be given in accordance with Section 5 of the proposed bill. Giving notice that entry is prohibited may include a notice either orally or in writing. Further, notice may be given by means of a posting a sign at or near ordinary entry points of access to the premises in such a way that it is clearly visible and clearly legible.
Fourthly, you as lawful occupier, or an authorised person, have the duty to inform the trespasser that they have entered unlawfully on your premises. Further, in cases where you as lawful occupier, or authorised person, are unsuccessful in your attempts or are threatened in any manner, you must immediately inform SAPS and request assistance.
A person may not be convicted of an offence if the person had the consent of the lawful occupier, or consent of an authorised person. Also not in the case where the person entered the premises with other lawful authority. Finally, a person may also not be convicted if they reasonably believed that they had title or an interest in the premises which entitled them to enter the premises.
“Having a title or an interest in the premises” remains open for judicial interpretation, with the guidance of the Constitutional values in future cases.
Finally, in the case where someone is indeed convicted of unlawful entry on a premises, a fine, or imprisonment of no more than two years, or both, may be imposed.
[1] “unlawful entry” means entry on a premises or part of a premises without the expressed or implied permission by a lawful occupier and includes – (a) where permission is withdrawn to enter a premises; (b) where permission is only granted for entry on, or presence in a part of the premises, and a person fails to leave the premises or part of the premises; [2] “Lawful occupier” means one or more persons who physically occupies a premises and includes the (a) owner; (b) a person who has the responsibility for and control over – (i) the conditions of the premises; (ii) the activities carried out on the premises; or (iii) control over persons allowed to enter the premises, but does not include an employee of the lawful occupier.
- Rynhardt Truter for Marius Blom Inc.