Cape Town - The proposed Unlawful Entry on Premises Bill caused a stir on social media after a video was circulated claiming that the bill prevents you from self-defence if someone trespasses on your property.
The bill, drafted by the Department of Justice and Constitutional Development to repeal and replace the Trespass Act of 1959, is currently out for public comment.
The video, since deleted, was widely shared on TikTok and Facebook and featured a woman describing a hypothetical home invasion and claiming that if the bill became law it would be illegal for homeowners to defend themselves against housebreakers.
In the video the woman said: “Your only duty is to inform the intruders that they are intruding and if you feel threatened you must inform the SAPS.”
The woman in the video also claimed that the proposed law gave anyone who wanted to enter a property legal carte blanche to do so as long as they believed it was their right.
However, the department has since come out to rebut the claims made in the video and in a statement urged the public to ensure that they source and give accurate information on the provisions of the new draft bill.
The department said that while everyone was entitled to their views and to freedom of expression, threats, misinformation, fake news, hyperbolic utterances and insults served no purpose and neither did they assist with the legislative process.
The department said the proposed bill extended the remedies to combat trespassing beyond just land and buildings by providing a much wider definition of premises and as such gave the owner or lawful occupier more protection than they previously had.
It also said the draft bill had not changed other crimes like theft, housebreaking and robbery and that the law of self-defence also remained intact.
The DA parliamentary spokesperson on justice and constitutional development, advocate Glynnis Breytenbach, said that the inaccurate communications on social media platforms had caused a great amount of concern.
Breytenbach said: “This is a departmental bill in its embryo stages. It has a long path to travel in the legislative process before it will be ready to be enacted into law.”
Justice and Correctional Services Minister Ronald Lamola said earlier in the year that some pieces of legislation which are not overtly unconstitutional, unjust or anti-democratic, still foster the policies of apartheid and would be repealed.
@ronald_lamola Debunking the myths about the Unlawful Entry on Premises Bill. #TrespassingLaw #RonaldLamola #DepartmentOfJustice ♬ original sound - Ronald Lamola