“Trespassers shall be prosecuted” is a sign that many of us are familiar with. Trespass itself is covered by the Trespass Act 6 of 1959. Very short act, only one page. Simply put any person who without the permission of the lawful occupier of any land or any building or part of a building; or of the owner or person in charge of any land or any building or part of a building that is not lawfully occupied by any person, enters or is upon such land or enters or is in such building or part of a building, shall be guilty of an offence unless he has lawful reason to enter or be upon such land or enter or be in such building or part of a building. Any person convicted of an offence under section one shall be liable to a fine not exceeding twenty-five pounds or to imprisonment for a period not exceeding three months.
That will change as, when or if the Unlawful Entry On Premises Bill is enacted. This Bill in intended to replace the Trespass Act.
[S3] of the Bill as it currently stands says every person who unlawfully enters a premises commits the offence of unlawful entry. A person found on or in a premises who is not a lawful occupier, or employee of a lawful occupier, and who does not have the expressed or implied permission by a lawful occupier is presumed to have unlawfully entered the premises. A person who has been directed, either orally or in writing, by a lawful occupier or any other authorised person to leave the premises and does not leave the premises as soon as practicable after receiving the direction; or re-enters the premises, is guilty of the offence.
There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited.
[S7] As soon as it comes to the attention of the lawful occupier of premises, or an authorised person, they must request the intruder or intruders, unlawfully on the premises, to leave the premises immediately. If the intruder or intruders does not leave the premises, or the lawful occupier or a person authorised by them are threatened in any manner, the lawful occupier, or authorised person must, without delay, request assistance from the authorised member of South African Police Service informing them of unlawful entry, the address of the premises and the approximate number of intruders.
Powers of police [S8] As soon as an authorised member or members (of the police) are informed of the unlawful entry, they must without delay go to the premises to remove the intruders. On arrival an authorised member must call upon the intruders to leave the premises, by obtaining their attention and in a loud voice order the participants to disperse and leave the premises within a time specified, taking with them any items brought on the premises and inform them that failure to adhere to the order will result in them being arrested.
Interestingly, If intruders already erected any form of housing on the premises and already occupy the erected housing, the authorised member or members must arrest them for unlawful entry on a premises.
A person who is guilty of an offence under this Act, is on conviction liable to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
So there you have it. If the Unlawful Entry On Premises Bill is enacted and some perpetrator breaking into your house and threatens your life and the safety of your family just shout at them to leave. If they don’t, sit them down and give them a cup of teas whilst you phone the police. You can even play a game with them guessing who long it will take for the police to arrive, if ever.
