New trespassing bill is out of touch with reality and to the detriment of landowners
12 September 2022
The draft Unlawful Entering on Premises Bill is in direct conflict with, among other things, the rural safety strategy, as developed by the police, which provides for the implementation of a protocol to manage access to farms.
The proposed amendments can, furthermore, also not be reconciled with the Extension of Security of Tenure Act (ESTA legislation)
These amendments make it easier for trespassers to occupy land and erect unlawful structures, which could seriously violate landowners' rights.
In fact, the proposed amendments are protecting trespassers seeing as such a person could argue in their defence that they truly believed they were authorised to enter the property.