You could be prosecuted for shooting in self-defence if you don’t know law

With SA’s violent crime crisis, showing more than 6,000 people were murdered in the first quarter alone, self-defence has become a difference between life and death.

However, in a criminal justice system gripped by corruption and incompetence, experts warn ignorance and lack of legal advice could result in wrongful arrest and prosecution for self-defence.

Imagine it is 2am and you hear what sounds like a door breaking and people whispering in your home.

There is no way police, security or even a neighbourhood watch could intervene when attackers are already inside your house.

Defending your family and lawfully armed, you kill one of the intruders, while the others flee.

ALSO READ: The thin line between murder and self-defence

This is a typical scenario in a country where the lives of 352 children were violently cut short between October and December 2021.

Firearms Guardian was established by Firearms.co.za, a network forum to provide support for law-abiding citizens looking to be armed, or already armed.

Ian Cameron, founder of Firearms.co.za and ActionSA’s community safety director, said they acted after noticing an alarming number of people getting arrested or prosecuted “for doing the right thing”.

“I grew tired of seeing good people defend themselves and their families, especially women, and then they are maliciously arrested for pulling the trigger when their lives were threatened,” he said.

The insurance guarantees legal representation and liability cover. Cameron said more than 1,000 gun owners have signed up, with the number climbing dramatically in the past few months.

Members have access to an emergency number to call for legal support 24 hours a day, seven days a week, should they shoot and kill or injure an intruder.

READ MORE: Self-defence vs murder: ConCourt overturns conviction of man who killed police officer

The insurers boast 2,500 lawyers and experts on its database available to assist immediately and represent you in court, Cameron said.

Difference between self-defence and murder Attorney Max Rossle explained murder as the unlawful and intentional causing of death of another human being, whereas self-defence is the lawful use of potentially lethal force to repel or stop an unlawful attack which threatens your life or safety.

“The focus always remains using lawful means to stop or overcome an unlawful attack where there is a real/objective threat to life – not property. Potentially, lethal force should only be used in circumstances where there are no reasonable or adequate alternatives to stop, repel or escape the unlawful attack,” he said.

SA’s legal system places the burden on the state to prove any charge of murder, culpable homicide (negligent causing of death of another human being) and private defence.

Rossle said although people claim law-abiding citizens are treated like criminals and “have less rights than criminals”, the state cannot simply prosecute without a proper investigation.

He said some cases of self-defence were clear-cut and resulted in no charges of murder, but stressed this was up to the investigating parties, based on the evidence.

ALSO READ: SA’s Constitution protects right to life, not right to carry a gun

“I recommend that an attorney who is an expert within the criminal sphere should always be on speed dial on legal gun owners’ telephones to guide them after a defensive shooting to make sure that no statements are made unguided,” Rossle said.

He said trespassing and even burglary (not robbery) was not an attack on one’s life and taking the life of someone who has broken into your house, but poses no immediate threat to your life may be deemed to be murder, as potentially lethal force was used in the absence of an unlawful, life-threatening attack.

ConCourt shoots down Cele’s bid to stop gun owners renewing their licences