The new draught Unlawful Entry on Premises Bill’s contents should be accurately reported by the public, the Department of Justice and Constitutional Development (DJCOD) has suggested.
This came when erroneous information regarding the new draught law was accidentally disseminated in a post on the social media platform TikTok. Since then, the post has been removed.
“There is no question that everyone has the right to voice their opinions and use their right to free speech, but in a constitutional democracy, threats, false information, fake news, exaggerated claims, and insults have no place and do not advance the legislative process.
The government agency said on Wednesday that it was “most concerning that venomous, racist, and expletive-ridden comments and insults have now been directed at public servants who are seized with this very important work of drafting legislation and advancing our constitutional principles in all spheres of society.”
The DJCOD argued that the previous Trespassing Act, which was passed around 63 years ago, is a “outdated piece of law” that is “not fit for purpose” and has several limitations.
“The new draught Bill provides a considerably broader definition of “premises,” expanding the remedies to deter trespassing beyond only land and buildings.
As a result, the owner or legitimate occupant is now better protected thanks to the proposed legislation.
“The draught Bill clearly states that anybody who accesses a place without authorization or a legitimate cause commits an offence.
The South African Police Service must help remove the intruder if they don’t depart the area on their own.
A fine and/or up to two years in jail may be imposed on a person who is found guilty of an offence under the provisions of the Bill, the government stated.
The law of self-defense is likewise not altered by the draught bill, nor are other offences like theft, housebreaking, or robbery.
The agency has urged the public to provide feedback on the proposed legislation.
“The [department] issued the draught law for first feedback.
After the time for submission of comments has passed, all comments will be taken into consideration, analysed, and the draught law will be revised to reflect these suggestions.
The Bill won’t be brought to Cabinet for permission to be introduced into Parliament until that point.
The public will have further opportunity to provide feedback on the Bill after it is in Parliament as it moves through the National Assembly and National Council of Provinces, according to the DJCOD.
You may view the bill at https://www.justice.gov.za/legislation/invitations/20220812-InviteToComment-UnlawfulEnteringOnPremisesBill.pdf, which has been made available for public comment.
Comments must be sent to Ms. A Botha by September 16, 2022, at the latest.
The Director-General: Justice and Constitutional Development, Private Bag X 81, Pretoria, 0001 is where comments may be sent. Ms. A. Botha is to be notified about this.
Send feedback through email to AlBotha@justice.gov.za.
Fax numbers start with 012 406 4632.