The department of justice and constitutional development has drafted a bill to repeal and replace the Trespass Act of 1959.

The proposed new bill, the Unlawful Entry on Premises Bill, aims to prohibit unlawful entry on to premises.

The department of justice says the Trespass Act is a piece of colonial/apartheid era legislation which was originally designed to combat trespassing, publications and conduct engendering hostility between certain population groups.

Justice and correctional services minister Ronald Lamola said some pieces of legislation designed to foster the policies of apartheid have survived.

“The continued existence of these laws in our statute book is not compatible with our constitutional order. We will lead the process to review and repeal these statutes. At the same time, great care should be taken to ensure that the abrogation of these statutes does not leave or create a (gap) in the law,” Lamola said.

The proposed new bill, among other things, provides for the offence of unlawful entry and the penalties to be imposed if a person is found to be guilty of the offence, the duty to inform an intruder of unlawful entry, the powers of the police and defences to the offence of unlawful entry.

This bill has been published for public comment and can be accessed on the departmental website.

Comments on the bill must be submitted on or before September 16.

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