Public urged to comment on proposed bill
AS THE comment period for the proposed Unlawful Entry on Premises Bill closes on Friday, the public have been urged to have their say.
The bill when enacted would repeal the Trespass Act, No 6 of 1959.
It proposes that if someone unlawfully gains entry to an enclosed property without permission from the property owner or lawful occupier, they are guilty of an offence, and for property owners to put up clear signage – or give an oral warning to the perpetrator, indicating that entry was prohibited, before calling the police.
It also proposes that trespassers can defend against the charge if there was reasonable belief that they had title or interest on the premises that entitles them to enter the property.
City of Cape Town safety and security mayoral member JP Smith has called for Section 8 of the bill allowing only the police to search properties, to be expanded.
Smith said this section should include all peace officers along with police so that law-enforcement officers, metro police and traffic services were able to respond.
Smith said the bill had also missed the opportunity to include the definition of the word “reside” in its document. He said it was important that legislation was clearly defined for all to read, interpret and act on.
A residents’ association raised concerns over how an elderly person confronted an intruder before calling the police.
The association said the law should create an assumption that anyone who had no lawful business or permission to be on the premises, was trespassing.
“Criminals can be ruthless and might harm the homeowner who confronts them,” it said.
Dear SA chairperson Rob Hutchinson said the proposed bill was vague.
“If you interpret it one way it seems to be encroaching on your rights, but if you interpret it in another way, it seems to be favouring the rights of the potential land invaders and intruders.
“The problem is that these laws can be interpreted in any way for defence in a court of law. The law must be clear.”