S.Africa: GOOD: BOER: Man found not-guilty after shooting and killing three hijackers – My Explanation

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[In South Africa even if you shoot someone in self defense they can charge you with murder. The rules are extremely strict and unfair towards gun owners. A Boer farmer I know sent me this story telling me that he knows this man personally, and that this man knew the gun laws exactly and even our stupid courts had to agree that what he did was within his rights. Jan]

Firearms Guardian wishes to share the following story with our readers not only as a reminder to the dangers that we face on the roads in South Africa, but also to stress the importance of proper firearm training.

A man from Fordsburg, Johannesburg faced three murder charges after he shot and killed three hijackers while he was driving with his cousin to purchase hunting equipment. The man (accused) testified in the South Gauteng High Court that he was picked up at his house by his cousin. On their way to the firearm-dealer they stopped next to the road, when a Volkswagen Golf stopped with screeching tyres in front of their car. He immediately sensed that they were going to be hijacked. He further testified that a muzzle flash went off inside the Golf and he could hear gunshots. Diving for cover, his cousin shouted ‘shoot them’. He began to fire shots in the direction of the golf and noticed one of the doors opening. A male passenger got out. The hijackers continued to fire and the accused returned the fire. After exchanging several shots from both sides, the shooting by the attackers suddenly stopped.

The court found that the manner in which the accused acted in the scenario ‘was commensurate with the threat that he experienced and he was justified in warding off the attack’. He was found not guilty and acquitted on all charges.

Our expert in criminal law, Dr. Llewelyn Curlewis weighs in:

“This type of judgement is once again proof of the fact that our Courts sometimes do get it right. It is a shame, however, that the man (and possibly also his cousin) had to endure the full force of the law and the trauma of a subsequent court case (even after they themselves have fallen victims of a horrendous crime), to ultimately walk away scott free. This scenario illustrates a perfect example of relying on self-defence as a proper defence in our law which will result in the prosecution not being able to prove the element of so-called “unlawfulness” beyond a reasonable doubt against an accused. Bravo to both men for acting swiftly, accurately and making the world a safer place for all of us!”

Source: https://firearmsguardian.co.za/2024/09/13/man-found-not-guilty-after-shooting-and-killing-three-hijackers/