Video from 2022 resurfaces claiming new bill in South Africa favours trespassers

“According to the new proposed law by the Department of Justice, you are not allowed to defend yourself,” says a woman in a TikTok video published on September 1, 2025, and shared more than 11,000 times. 

“Your only duty is to inform the intruders that they are intruding and if you feel threatened, you must almost immediately inform the South African Police Service.”

She adds: “You have zero right to self-defence. In fact, the intruder has a defence.”

Image

Screenshot of the false TikTok video, taken on September 1, 2025

She then reads a part of the draft bill that says if a “person charged reasonably believed that they had title to or interest in the premises, that entitled them to enter the premises.” 

The woman interprets it as follows: “If somebody likes the smell of your boerewors on the braai, they have a right to come inside your home because they are entitled and the proposed law says so.” 

In South Africa, boerewors is a traditional type of sausage, while a braai refers to a barbecue.

Lastly, the narrator tells viewers how to lodge an objection to the proposed legislation.

The video has been shared on X by a politician, as well as on Facebook and Threads.

However, the clip has been online since 2022 and the claims it makes are false.

Draft bill 2022

A reverse image and keyword searches found articles and statements from August 2022 countering the claims in the video (archived here and here).

Among those who disputed the clip was the Department of Justice and Constitutional Development (DOJCD).

On August 12, 2022, the department had invited the public to comment on the Unlawful Entry on Premises Bill, 2022 — intended to replace the Trespass Act of 1959 (archived here).

“The Trespass Act has been identified as a piece of colonial/apartheid era legislation as it was originally designed to combat trespass, publications and conduct engendering hostility between certain population groups,” 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”. 

When the video went viral in 2022 after the bill was released for comment, South Africa’s justice ministry quickly disputed the claims.

“So it is not true that an intruder can just come in and start eating your boerewors roll,” Ronald Lamola, the then-minister of justice, said in a TikTok video published on August 22, 2022 (archived here).

“You will still be able to defend yourself in terms of the common law.” 

Lamola explained that the bill did not negate common law offences such as burglary or the right to self-defence. 

“No intruder is allowed, but it affords more protection,” he said.

Lamola said the bill was intended to replace the Trespass Act, which was passed by the Queen of England when South Africa was still a union in 1959.

He urged citizens to participate in the public consultation process, ensuring properties would stay secure from unlawful occupiers and unauthorised entry.

Industry body AgriSA said at the time that it submitted comments, calling the proposed law “promising,” but needing further clarification (archived here). 

Agri SA said it was concerned about “the bill’s requirement that a landowner approach unlawful trespassers and request them to vacate the premises” as this could be dangerous.

It also noted a loophole: “If an intruder complies with a landowner’s request to leave a property, he cannot be charged for contravention of the bill,” adding that the trespasser should be “arrested and charged accordingly”.

The Law Society of South Africa proposed that the bill should expressly exclude instances of housebreaking, as this is a separate common law crime, and that the definition of “unlawful entry” should be expanded to include permission from an owner, not just a lawful occupier (archived here).

Comments closed to the public on September 16, 2022. 

Set aside

Contacted by AFP Fact Check, the justice ministry said it was concerned about the resurfacing claims. 

“Recent social media posts suggesting that the bill aims to prevent homeowners from defending themselves against intruders are false and misleading,” spokesman Terrence Manase said on September 10, 2025.

“This bill was a draft proposal that was set aside and is no longer under consideration,” said Manase.

“It is therefore not open for public comment and will not be processed further.”

Manase added that the current “outdated content is causing unnecessary confusion” and that citizens should only rely on official communication channels.