SAPS has no policies or guidelines to combat illegal trespassing

An officer of the South African Police Service (SAPS) has communicated telephonically to the Southern Africa Agri Initiative’s (Saai) legal team that the SAPS has no policies or guidelines related to combating illegal trespassing. The SAPS also do not have any assessments or evaluations of the effectiveness of measures taken to prevent trespassing. This information came to light after Saai, with its formal application in terms of the Promotion of Access to Information Act (PAIA), has been pressuring the SAPS to provide information and statistics on trespassing since February.

Saai’s management will now request a meeting with Senzo Mchunu, the Minister of Police, to discuss possible solutions for the absence of necessary policies. The organisation aims to take the next step, which is to instruct their legal team to draft policies on the illegal trespassing issue for the SAPS.

“Saai’s mission is to protect the rights of our members and the increasing incidents of illegal trespassing lead to various crimes – from illegal hunting and arson to theft and farm attacks. That’s why Saai wants to intervene to provide practical solutions for problems affecting our family farmers,” says Francois Rossouw, CEO of Saai.

According to the records the SAPS sent to Saai, a total of 15 321 trespassing cases were investigated between 2019 and 2024. Of the 15 321 cases, 17 508 people were arrested: In some cases, more than one person was arrested, while in one specific incident 68 people were arrested and then there are also trespassing cases where no arrests took place. However, with 17 508 arrests, only 4 383 people were found guilty. According to the SAPS records, 688 people were found not guilty – but what happened to the remaining 12 437 people who were arrested? The records state that a shocking number of 9 539 trespassing cases were withdrawn, but this still leaves nearly 3 000 cases unexplained. The data, which shows that most trespassing cases were investigated in the Western Cape, cannot be blindly interpreted as evidence that it is the province with the most cases of trespassing, as it could be that the Western Cape SAPS are more effective.

The graphic shows that in all provinces, from 2019 to early 2024, less than 50% of trespassing-related arrests led to convictions.

“The figures provided by the SAPS are inconsistent, making their credibility unlikely. If the figures are indeed correct, it remains concerning, as it shows that 62% of trespassing cases were withdrawn,” concludes Rossouw.

“If you have experienced any problems at a police station reporting crime, let us know on 066 071 6094.”

Saai is taking various steps this year to address the looming trespassing issue and requires farmers to inform the organisation of illegal trespassing incidents (https://saai.org/en/taking-a-stand-against-trespassing-on-farms/).