A video that first circulated on social media in 2022 has resurfaced, once again stoking fear about South Africans’ right to self-defence.
In the clip, a woman claims that if intruders enter your home, the Unlawful Entry on Premises Bill would prevent you from defending yourself.
She describes a hypothetical situation where intruders breach your security, enter your home, and attack your family. “Your only duty is to inform the intruders that they are intruding and if you feel threatened you must … inform the [South African Police Service],” she says.
Africa Check debunked these claims in 2022 and the video, posted initially to TikTok, has been removed from the original poster’s account. But it was shared to X in September 2025 by Herman Mashaba, leader of the Action SA political party. He captioned the post: “This is beyond belief. I have no words to describe how I feel after this.”
The post has racked up almost 100,000 views. Hundreds of comments show that many X users took the claims in the video as true. “There is a deliberate attempt to render us powerless against criminals,” reads one comment.
“These are the people who have more than 10 bodyguards who don't want any action for citizens to protect themselves,” reads another.
In 2022, the bill was still a draft open for public comment. But what is its status in 2025? And are the claims in the video still incorrect?
New bill meant to replace outdated law
The Department of Justice and Constitutional Development (DOJ) released the Unlawful Entry on Premises Bill for public comment in August 2022 to replace the 1959 Trespass Act.
The DOJ said the older law was a colonial and apartheid-era measure once used not only against trespassing but also against publications and conduct that created hostility between population groups. Then-justice minister Ronald Lamola said the 1959 act had lost relevance in South Africa’s constitutional democracy.
Unlike the old act, which only applied to certain premises, the draft bill aimed to extend protection to other kinds of property, including ships or vessels, trains, railway carriages, vehicles and aircraft.
What the viral video got wrong
The woman in the resurfaced video quotes a clause from the draft bill, saying it’s a defence if a person “reasonably believed” they have a legal right or interest in your property. She argues that this means anyone can walk in just because they want to, even joking that liking the smell of your braai would be reason enough.
That’s incorrect. The clause refers to genuine, reasonable mistakes about legal rights, such as a boundary dispute, not excuses for criminals. The DOJ said in 2022 that serious crimes like theft, housebreaking and robbery were still crimes.
Bill no longer under consideration
To clear up confusion, Africa Check contacted the DOJ. The department’s spokesperson Manase Terrence said:
To set the record straight, the Ministry wishes to place on record that this bill was a draft proposal that was set aside and is no longer under consideration. It is therefore not open for public comment and will not be processed further.
Recent social media posts suggesting that the bill aims to prevent homeowners from defending themselves against intruders are false and misleading.
Even if the bill were still under consideration, the DOJ and experts confirmed in 2022 that it would not have affected South Africans' right to protect themselves.
