Unlawful Entry on Premises Bill 2022: Open for Public Comment

The Director-General: Justice and Constitutional Development has published the Unlawful Entry on Premises Bill for public comment.

The aim of the Bill is to repeal and replace the Trespass Act of 1959 and provides for matters such as – definitions; application; unlawful entry; permission; methods of giving notice; signage; duty to inform; powers of the police and penalties among others.

It appears, however, that the Bill does not differentiate between a serious, severe, or unstable circumstance that would require SAPS intervention and a less severe infringement, one that in most cases could be handled/diffused by on-site and/or internal security personnel. In all cases, irrespective of the severity, the Bill requires that the SAPS be requested to provide assistance.

FEDHASA would like to highlight the following pertaining to Section 3(5) and Section 4:

  • Section 3(5) is somewhat confusing and requires clarity.
  • Section 4 could be interpreted to mean that in order to comply, all “premises” (as defined) need to provide “notice” (no definition provided) that sets out everything that is permitted on the premises and everything that is not allowed on the premises. In most cases, such an extensive requirement would be impractical.

FEDHASA will be making submissions regarding the concerns expressed above.

Members wishing to comment should do so in writing on or before 16 September 2022 as per the details provided in the Bill.

Members wishing to comment should do so in writing on or before 16 September 2022 as per the details provided in the Bill.

Click here to download the Bill


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