An informative community meeting was held at the Moth Club on February 19, addressing the topic ‘the use of force when defending yourself, loved ones and property’.

The meeting was a follow-up from one held in January, which locals requested.

READ MORE HERE: Drakensview community takes a united stand against crime

Input was made by local magistrate Mrs Goosen and Captain in the SAPS Gerry Brits.

Up first, David Allen shared a bit on how one can protect yourself without getting into jail. He shared with the attendees the three main things the court looks at in any case involving an attack.

1. Intent: Does the person who just broke into your home intend to do harm to you and your family or just steal your television?
2. Means: Does the invader have a knife, gun or broken bottle? Does the invader have the means to do harm?
3. Ability: Does the invader have the intention to harm you, is there danger posed, is the invader pointing a gun to your head or approaching you with a knife?

RELATED ARTICLE: Practical tips on staying safe

If an invader has the intent, means and ability to harm you, only then will your attack be ruled as self-defence.

“Ask yourself was there a need to take a life, because a life taken rates very high within the South African Constitution,” Mr Allen stated.

He added that the attack has to be lawful, meaning self-defence has to be directed toward the attacker and not someone who has not threatened your life.

Do’s and don’ts after a self-defence attack
• Do call the police immediately.
• Call your lawyer thereafter and in order to not look guilty, have the lawyer arrive after the police are on scene.
• If you used your gun, put it away, as police are not aware, upon their arrival, who the bad guy is.
• If you become nervous, do not start drinking.

Captain Brits advised that after an intrusion, in a case where you have shot someone, start making notes on everything happened, as years down the line it will come in handy.

“You do have the right to then contact your attorney, and avoid being rude to the policemen,” he added.

Captain Brits also said that the crime scene should not be tampered with or disrupted by anyone beside the police teams. He further explained that if you shoot an attacker in self-defence, there is a very slim chance that you won’t be arrested.

You will be arrested, your rights read out to you, and if you fail to present exceptional circumstances why you should be released, you could stay in custody for up to seven days.

Captain Brits went on to explain what order and ranking of police will arrive on scene after a report to the local police station is made.

Various scenarios and different angles were discussed. Thereafter input was made by Mrs Goosen. She informed attendees to consider that a prosecutor will go through your affidavits a day later in an office, without seeing how distraught you are from the attack, or how badly hurt you are.

Mr Allen spoke on some of the myths some people believe are true. He mentioned the ‘dead man tells no tales’ myth, where people believe they will shoot the attacker dead; and no lies will be told.

Another myth that was explored was ‘I can kill someone in trying to protect my property.’ Mr Allen reminded attendees that the right to life is rated higher than a right to protect property and possessions.

The hosts of the meeting researched that if one has a gun, anyone else who co-inhabits on your property, if they meet the requirements, can get a gun licence for the same gun. In a scenario, if one’s wife has to use her husband’s gun to protect herself and he has a licence, she will face lenient charges, compared to not having a licence.

An interactive self-defence session will be held in March. Attendees are encouraged to bring their spouses along.

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