AN inquest has been opened into the events surrounding the death of a man who broke into a Greenwood Park home police said. Lawrence Krishna, Greenwood Park resident, allegedly shot and killed the intruder at his brother-in-law’s home on Kenville Road two weeks ago after they were faced by two armed men, trying to gain entry into the house.

Krishna’s brother-in-law, Nakesh Naidoo, was shot in the hand after the intruders began shooting at him and his 10-year-old daughter. Krishna allegedly intervened and shot one of the intruders in the head.
A study conducted by the the Institute for Security Studies (ISS) says that residents can only use lethal force when their own lives or the lives of others are in immanent danger. Lt Elvis Naidoo, communications officer of Greenwood Park SAPS, confirmed that residents do have the legal right to use lethal force to defend themselves, but only against armed assailants and if their lives or the lives of others are in imminent danger.

“The intruder needs to be armed, the attack needs to be commenced or imminent, and the attack needs to be unlawful. In terms of defence, the resident must use reasonable force that is necessary to prevent or stop the attack,” said Naidoo. He added that it was illegal to use lethal force on a criminal who is ‘simply raiding your home’, or running down the street with your television’.

According to the ISS, while the Bill of Rights protects both the right to life and the right to property it is more likely that the former will be favoured by the court and residents who have defended their property might face charges of assault or murder.
However, each incident is judged on its own merits, and the court will consider the relevant circumstances to determine if one’s act of defence was reasonable.

The legally safe option according to the ISS would be to contact the authorities immediately and avoid confronting the intruders or using lethal force, unless absolutely necessary.

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