Chapter 11
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Trespassing

Trespassers are people who go onto someone else’s land without permission from the owner or the lawful occupier. The Trespass Act (No 6 of 1959) gives the police the right to arrest a trespasser. If the court finds you guilty, you can get a fine or a jail sentence. In this way the owner can get you arrested if you are on their land illegally. An owner cannot use the Trespass Act as a way of getting people evicted from their homes – they must use the procedures prescribed in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, (No 19 of 1998) (PIE). (See Problem 2: Being arrested and charged with trespassing)