Unlawful Entry on Premises Draft Bill 2022

Call for comments opened 12 August 2022 Share this page:

Submissions are now closed (since 16 September 2022)

Justice and Correctional Services

The Department of Justice and Constitutional Development invites you to comment on the proposed Unlawful Entry on Premises Bill, 2022 (the Bill)

The main purpose of the Bill is to repeal and replace the Trespass Act, No. 6 of 1959 (“the Trespass Act”) and to prohibit unlawful entry on premises.

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.

Comments can be emailed to Ms A Botha at AlBotha@justice.gov.za by no later than Friday, 16 September 2022.

Enquiries can be directed to Ms A Botha on tel (012) 406 4762

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