Unlawful Entry on Premises Bill
The Unlawful Entry on Premises Bill has been proposed and Kwanalu has submitted its detailed comments to the Department of Justice and Constitutional Developments.
A major change in the Bill as compared to its predecessor (the Trespass Act), is the specific allowance for the arrest of individuals who have made unlawful entry, even when they have erected structures on the land in question. This provision will assist in preventing land invasions for residential purposes which have become common across the province.
Kwanalu flagged the several challenges within the Bill; including:
- The clear identification of when a crime has actually been committed.
- The proposed role of police in enforcement of the act.
The most concerning challenge raised within the bill relates to the clear identification of when a crime has actually been committed. The bill does not clearly specify that an individual initially entering a premises commits the crime of unlawful entry on initial access to the premises, rather it implies that a crime is only committed when an individual who has entered unlawfully only commits a crime if they refuse to depart after being made aware that they have entered an area unlawfully.
Kwanalu has proposed that the bill must define two clear crimes:
- That of unlawfully entering a premises.
- Unlawfully entering a premises with intention to remain.
Additional issues were raised regarding the proposed role of police in enforcement of the act. The draft proposes that only “authorized” SAPS personnel can respond to allegations of unlawful entry. We believe that the SAPS should be held accountable for the enforcement of all laws within the country, including unlawful entry of premises – and that all members of the SAPS should be equipped to respond under the law.
Kwanalu will continue voice the concerns of members and uphold its mandate on this issue. For any further inputs please send these to John Flanagan at the Kwanalu Land Desk, land@kwanalu.co.za
