In August 2022, we shared that the Department of Justice and Constitutional Development published the Unlawful Entry on Premises Bill and opened this for public comment.
The aim of this Bill is to repeal and replace the Trespass Act of 1959 which provides for matters such as – definitions, application, unlawful entry, permission, methods of giving notice, signage, duty to inform, powers of the police and penalties amongst others.
This Bill, however, does not differentiate between a serious, severe, or unstable circumstance that would require the intervention of the South African Police Service; and a less severe infringement, one that in most cases could be diffused by on-site personnel such as internal security. In all cases, irrespective of the severity, the Bill requires that the SAPS be contacted to provide assistance.
FEDHASA has lodged a submission requesting further clarity surrounding this Bill and which can be accessed here.
Members wishing to comment should do so in writing on or before 16 September 2022 as per the details provided in the Bill.