WATCH | 'It's fake news': Ronald Lamola responds to TikTok user distorting unlawful entry bill

The department of justice and correctional services has clarified a TikTok video incorrectly interpreting the new draft Unlawful Entry of Premises Bill.

The video posted on TikTok clarified provisions of the bill which has been published on the department’s website for public comment.

“The department cautions that not all advice or opinions expressed on TikTok or other social media platforms are necessarily true and/or correct,” said justice and correctional services spokesperson Chrispin Phiri.

“We are pleased to note one specific video has been removed from TikTok. The Trespass Act dates back to 1959 — it is an outdated piece of colonial legislation and is not fit for purpose. It was passed before SA was a republic ... It only has four sections and is limited to cases of trespassing on land and buildings.”

In the video a woman uses the example of someone who likes the smell of your boerewors on the braai having the right to come into your home.

Ronald Lamola responded to this with a TikTok video meant to debunk the woman's interpretation.

“It’s not true that an intruder can just come in and start eating your boerewors roll. You will still be able to defend yourself in terms of the common law,” he said.

“The bill does not take away the common law offences like burglary, they remain there and the right of self-defence remains as provided for in various statutes and also under the common law.

“The bill is aimed to expand your rights, any property will remain protected, and no intruder is allowed. It’s aimed to bring us into a democratic ethos, affording more protection to the citizens of this country.”

The bill extends the remedies to combat trespassing beyond land and buildings with a wider definition of “premises” and includes, a ship or vessel, train, railway carriage, vehicle or aircraft, trailer, caravan, motorhome or a portable structure used as a residence.

The proposed legislation gives the owner or lawful occupier more protection then before, said the department. The draft bill makes it clear that a person who enters a premises without permission or a lawful reason is guilty of an offence.

“Wanting to eat someone’s food or steal someone’s property is clearly not a lawful reason.

“It is most concerning that vitriolic, racist and expletive-ridden comments and insults have now been directed at public servants who are seized with this critical work of drafting legislation and advancing our constitutional principles in all spheres of society.

“All people are, no doubt, entitled to their views and to freedom of expression. However, threats, misinformation, fake news, hyperbolic utterances and insults serve no purpose in a constitutional democracy, nor does it assist with the legislative process,” said Phiri.

The bill has been published by the department for initial comments.  

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