Lawyers AND ATTORNEYS - All Services! All Areas!

Johannesburg & Pretoria/Gauteng, Cape Town/Western Cape, Durban/Kwa Zulu Natal

Law around Housebreaking

- Featured article by LAWYERS-ONLINE.CO.ZA - March 2019

In South Africa, the crime of housebreaking is defined under the rule of common law, meaning there isn’t a specific set piece of legislature that provides for it. Instead, it is defined through the courts and history of case law. That makes the elements of the crime hard to pin down, however, according to SAPS, housebreaking is defined as “unlawfully and intentionally breaking into and entering a building or structure with the intention of committing some crime in it.”

Although the law around housebreaking in South Africa does draw from English Law, the development of a definition for this crime is still an ongoing process. Some scholars have expressed that the terminology used when defining housebreaking is too vague or overarching, and that is should be codified under legislature instead. However, there are minimum sentences set forth for the crime should someone be found guilty of housebreaking. A first offence can see someone in prison for a minimum of five years, seven years for a second offence and 10 years for a third offence.

Therefore housebreaking can be very vague, as what exactly constitutes breaking in remains tentative – is walking in through an unlocked door uninvited breaking in, or is it only breaking in when the door is broken down? Is it only unlawful should a crime occur after the break in? It is clear that the law around housebreaking is open to interpretation and would benefit greatly from a review.

If you require any assistance regarding the law around housebreaking, do not hesitate to use our services to put you in touch with a lawyer that will bring more clarity to the matter.

24-Hour Bail Applications at Police Stations and Process

Get Legal Help Now!

Immediate Action Request

Use this form to request a call back or an email within 1 working hour from our office.

Please complete the reCAPTCHA to help us reduce spam and to complete the form sending process.

Anthony Wilton Inc

In 2021, Anthony Wilton Inc entered a commercial agreement with SA Online (division started by Jean-Pierre Murray-Kline) as their primary service provider. This arrangement supports access to legal services with a focus on technology and trends.


About Us

Professional Legal Services

We believe that by transferring our legal knowledge through efficient application we can provide our client’s with professional legal services.

We believe that by utilising and maximising the innovative systems currently in place at Anthony Wilton, Thinane Inc we are able to create workable solutions for all our client’s needs and requirements.

We believe in having close and transparent relationships with our client’s from the outset to final closure of a matter.

We believe in working as a cohesive unit and our staff compliment is therefore carefully selected based on their individual experience, strengths, character and work ethic.

We aim to always deliver services to our full potential in order for our client’s to benefit as value for money is always of paramount importance.


Complete an online form.

Get legal help now!