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South Africa: False Claims Circulate About Proposed Trespassing Law

by Lucas Fernandez – World Editor

Johannesburg, South Africa – A bill proposed in South Africa in 2022, which aimed to address unlawful ⁤trespassing, is once again circulating​ online with claims it favors criminals over property‍ owners. Teh resurfaced claims, spreading via social media, allege the legislation‌ would prevent homeowners from‌ defending themselves against intruders.However, ‌the Ministry of‌ Justice has​ confirmed the bill was abandoned and is⁢ no longer under consideration.

The proposed “Unlawful Entry on Premises Bill” drew scrutiny from ‌industry ⁣bodies and legal professionals when⁣ first introduced. AgriSA initially described the draft law as “promising” but called for further clarification, ⁤expressing concern over a requirement for landowners to request trespassers to leave, deeming it potentially perilous. They also⁢ highlighted a loophole where ⁢compliance with a landowner’s request⁢ would preclude charges against ⁢the trespasser,arguing​ individuals should be “arrested ‍and ‍charged accordingly.” ‍The Law Society of south Africa proposed excluding instances of housebreaking, considered a separate crime, and broadening the ​definition of⁤ “unlawful entry.”

Public comment on the bill closed on September 16,⁢ 2022.

Responding to the renewed attention, Justice Ministry spokesman‌ Terrence Manase stated on September 10, ⁤2025, that posts suggesting ​the bill⁤ prevents self-defense are “false and misleading.” He affirmed the bill was “set aside ⁢and is no longer under consideration,” and will not be processed further. manase attributed the confusion to ⁢”outdated content” and urged citizens to rely on official interaction channels for accurate details.

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