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When can you shoot to defend yourself?

Can you use lethal force to protect your property, and if so, when? South Africans are confused about how much force they can use in defending themselves from crime, and mistakes in this area could have disastrous consequences.

While the law remains unclear, the constitutional right to life is likely to be given precedence over the right to protect property.

The 2003 Institute for Security Studies National Victims of Crime survey concluded that South Africans are much more fearful of crime today than they were in 1998.

This growing panic has prompted a wide range of self-protective measures, including many people arming themselves in anticipation of a criminal encounter.

There have been a number of recent, well-publicised incidents of the use of lethal force in defending property. These have been accompanied by media statements to the effect that killing in defence of property is acceptable under South African law.

This situation poses dangers of its own. Ever since the debate surrounding the changing law on use of force in effecting an arrest hit the headlines, South Africans have been confused about when they can and cannot use their guns to defend themselves.

If they err on the side of caution, they could lose their lives. If they err on the side of violence, they could lose their liberty.

In common law, the controlling principle on the right to use force to defend one's self or one's property is proportionality: the defensive act may not be more harmful than necessary to ward off the attack.

Although there are no hard and fast rules, courts weigh up the interests protected by the defensive act against the interests infringed by the unlawful attack.

In determining whether a crime victim acted reasonably, the courts judge each case on its own merits. Certainly, an owner who is confronted by a robber is not expected to abandon his property.

He is entitled to protect it, and the court will consider all the circumstances when deciding whether the means of defending the property were reasonable.

This right to self-protection can provide a defence to a charge of assault or even, in some cases, murder. Our law allows you to defend yourself, another person, your property or the property of another against a current or imminent unlawful attack.

This common law defence is often confused with the statutory provision contained in Section 49 of the Criminal Procedure Act as amended, which allows for the use of force when effecting an arrest.

Despite certain similarities, these defences should not be conflated with each other as they are used for different purposes and have different requirements.

Various requirements must be met before the defensive act will be considered lawful. The attack must be:

commenced or imminent;

against a legally recognised interest; and

unlawful

The action made in defence must be:

necessary to avert the attack;

reasonable in terms of the amount of force used; and

directed against the attacker.

Thus, the action taken must be in response to a currently pending aggressive action, and the law specifically rules out any action being taken, on the one hand, pre-emptively or, on the other, in "revenge".

What does the case law say?

In the reported case of State vs Van Wyk, a shopkeeper whose shop had been repeatedly broken into rigged a shotgun in such a way that the intruder would trigger the device upon breaking into the store. One night an intruder broke in, set off the device and received a fatal wound.

On a charge of murder, the shopkeeper invoked private defence and the court upheld his defence, acquitting him on all charges.

The court reasoned that a person may, in exceptional circumstances, use lethal force to protect his property when there is no other way in which the goods can be retained.

The only limit the court imposed was that the value of the goods should not be of a trivial nature.

However, this judgment was handed down almost 40 years ago - long before South Africa's shift to a human rights democracy. If faced with similar facts today, the courts would undoubtedly arrive at a different decision.

South Africa's new constitutional democracy turned our legal system on its head. The Bill of Rights protects various fundamental human rights, including the right to life and the right to property.

In cases of private defence, it is inevitable that these rights will need to be weighed against each other.

The court's balancing act would have to comply with the requirements as set out in section 36 of the Bill of Rights: was the infringement reasonable and justifiable in an open and democratic society based on principles on human dignity, equality and freedom?

Applying this test, it is unlikely that any reasonable court would consider it justifiable to take another person's life in defence of property.

Consider the following scenario. You are woken in the middle of the night by the sound of breaking glass. You look out of your bedroom window and see a thief stealthily driving your new sports car down the driveway.

You shout at the thief to get away from your car, but he ignores you and continues to drive away. In desperation, you grab your gun and fire at the thief, killing him.

Your defence is that you were protecting your valuable property and that there was no other way of preventing the thief from stealing the vehicle.

Also, the theft was still in progress, so your defence would comply with the requirements that the defensive act should be aimed at an attack that is not yet completed.

In terms of the Van Wyk decision, you would almost certainly succeed with this defence. However, in light of the constitutional changes noted above, it is very possible that you would find yourself in danger of being convicted of murder.

On the other hand, you could argue that the Bill of Rights also protects your right to your property, and that the constitution does not provide for a hierarchy of rights.

This is perhaps so, but recent decisions have indicated that the right to life cannot be arbitrarily infringed, allowing for lethal force only in situations where lives of innocent persons require protection.

In the landmark case of State vs Makwanyane - which effectively abolished the death penalty in South Africa - the court referred to section 49 of the Criminal Procedure Act and warned that if the state was no longer permitted to take a life in punishment of a convicted criminal, then how could the law allow anyone to take the life of a person they are trying to arrest.

The same reasoning would surely apply to someone who takes the life of the thief who steals his property. Evading lawful arrest is equally, if not more, serious than theft.

In the recent decision of Govender vs the Minister of Safety and Security, the court held that lethal force in effecting an arrest may only be used if the fleeing suspect poses an immediate threat of bodily harm to members of the public.

If we apply this to the car theft scenario above, then it is clear that you would not be able to use lethal force to prevent the theft of your vehicle.

You would have to resort to other non-lethal methods of trying to prevent the crime. If during your lawful attempts to prevent the theft, the thief retaliates and poses a threat to your life or anyone else, only then would you legally be entitled to use necessary force to defend yourself or others.

It is important to remember that before you can act in self-defence, the attack against you should have commenced, or at least be imminent.

For example, if the thief pulls out a firearm and aims in your direction, then you would be justified in using lethal force to protect your life.

However, you cannot shoot the unsuspecting thief on the premise that if you confront him, he would place your life in danger. The pre-emptive strike principle is not applicable in private defence cases.

Consider another set of circumstances. You wake up one night and discover that an intruder has broken into your living room. The thief is armed with a firearm and is sneaking through the house, gathering valuable items as he proceeds.

You know that if he is startled he might shoot you or your family. Can you lawfully shoot him? Do you have to take your family and flee from your home? Do you have to wait for him to attack you or your family?

Unlike the scenario with the car thief, this time the intruder is in your home. However, the same legal principles apply. You cannot use lethal force to prevent him from walking out with your TV.

Instead, you or your family would have to be in immediate danger. It could be argued that the mere fact that the intruder is in your home is sufficient threat to justify your using lethal force again him.

Again, each case could be judged separately, but the legally safe option would be to avoid using lethal force until you have no other option. Rather avoid confronting intruders. It could save your life and keep you out of jail.

The principle is simple: the life of the attacker can only be taken in order to protect your or someone else's life or to prevent serious bodily harm. It is unlawful to use lethal force in any other circumstances. In other words, your property is not worth the life of the person that is stealing it from you!

By Anton du Plessis

Anton Du Plessis is a researcher with the Institute for Security Studies in Pretoria. This is an edited extract from an article in the latest issue of the ISS publication SA Crime Quarterly. 

Fees Must Fall

South Africa ngiyakhala!

Ngiyakhala South Africa about what is presently trendy in our fatherland, the #FeesMustFall movement. Companion students don’t you think we are wasting our valuable time? Don’t you think we could be studying and concluding our educations? Angazi but I am just worried about the future of our gorgeous land, Angazi kodwa the imminent does not appear cheerful at all. We all yearned to have free education but if it is not realistic. Can’t we work hard on making it realistic, can’t we build the nation that will nurture us with free education? Companion students, who taught us to quash our resources in order to form them? Angazi, but Why should we act like the parliamentarians? Who said what they are doing is judicious and just in our lovely house? Do you think they please God?

But I know few individuals can make it happen! They can make it happen, that we don’t associate ourselves with anything to do with quashing but with structuring. We can make it happen that the coming generation use some of the properties that we also used because we did not selfishly demolish them. We can make it happen that when aver one direct us to destroy we ask ourselves together with the guru how will destroying help us raise money to pay for our education.

Why should we take it as if it is somebodies obligation to educate us? Why should we destroy the resource that we have as an alternative of contributing in erection more of what we don’t have? Students why don’t we behave like academics that we are, why should we become heir to sickening conducts from unschooled people? I don’t Know and Angazi but I think we all love politics and we are given supremacy to critic if any of those candidates are doing the wrong thing, thing that are out of the notion of Ubuntu.

Who is fooling who here South Africa? Our parents are waking up every day to fend for our future but we instead with both of our copied feet are kicking the little they give us. I don’t know I don’t know and Angazi South Africa but I don’t see any fairness being done here. NSFAS is helping many of us, yes it is not enough but at least it covers some of the tuition, can’t we all unite in finding better ways to increase it? For the fact that we saw some of our favourite politicians building unpleasant homes with 200 of millions of rand does not mean building such need to be done by knowledgeable people, for the fact that we saw them buying stands with chattels that priced them millions of rand and they opted to destroy the chattels does not mean that is paying prudently in our country’s economy. For the fact that they always impertinent to each other in the parliament does not make offence good way of communication.

For the fact that our leaders are desirous and think only for themselves does not mean we also need to be greedy and think only for the now condition. Our parents trusts in us, they hope we will take them out of their depression, they tried and they have been unsuccessful now they think the only way the will succeed if through us. Why are we letting them down? Why are we fighting the losing battle? It would be very nice South Africans if one day Education can be free because we contributed positively on that. It would be pleasing South Africans if one day we have a good story to tell about South Africa beyond all the odds.

My advice is, let us see the feasibility of free education and do all we can to make free education possible without destroying our universities and fighting with our companion brothers and sisters parents because they stopping us from destroying.

I thank you South Africa

By Steven Z Motaung (My view)  

WORLD OF WORK ANSWERS

Grade 12                                                 LIFE ORIENTATION                                                                

                                                        WORLD OF WORK ANSWERS

QUESTION 1

1.1         A üü                                                                                                                                         (2)

1.2         D üü                                                                                                                                         (2)

1.3         B üü                                                                                                                                         (2)

1.4         D üü                                                                                                                                         (2)

1.5         A üü                                                                                                                                         (2)

1.6         B üü                                                                                                                                         (2)

1.7         B üü                                                                                                                                         (2)

1.8         A üü                                                                                                                                         (2)

1.9         B üü                                                                                                                                         (2)

1.10       C üü                                                                                                                                         (2)

1.11       D üü                                                                                                                                         (2)

1.12       A üü                                                                                                                                         (2)

1.13       C üü                                                                                                                                         (2)

1.14       C üü                                                                                                                                         (2)

1.15       A üü                                                                                                                                         (2)

1.16       A üü                                                                                                                                         (2)

1.17       B üü                                                                                                                                         (2)

1.18       C üü                                                                                                                                         (2)

1.19       A üü                                                                                                                                         (2)

1.20       A üü                                                                                                                                         (2)

1.21       D üü                                                                                                                                         (2)

1.22       A üü                                                                                                                                         (2)

1.23       C üü                                                                                                                                         (2)

1.24       C üü                                                                                                                                         (2)

1.25       B üü                                                                                                                                         (2)

1.26       A üü                                                                                                                                         (2)

1.27       D üü                                                                                                                                         (2)

                                                                                                                                                               [54]

QUESTION 2

2.1         Although advantages of a mission statement could be varied, the following aspects are expected (any four of the following):

·   The process of writing a mission statement helps you to identify the areas of life that you consider a priority. (ü)

·   It helps you to focus on what you want to achieve and how you could work to achieve goals in your life. (ü)

·   It compels you to think ahead for the future and creates space for introspection (self analysis, to look inside one’s self). (ü)

·   It allows you to be accountable for your actions. (ü)

·   It is a personal road map providing direction for the future. (ü)

·   It assists the individual to make more informed choices. (ü)

·   Any other valid advantage  (ü)                                                                                            (4)

2.2         6 marks for goals: 2 for short-term, 2 for medium-term and 2 for long-term goals.

Example:

Short-term goals:

·   I don’t wish to get romantically involved until I enter a tertiary institution.

·   In my matric year I will not be spending the weekends partying.

·   I will concentrate on my studies. My immediate desire is to complete my matric exam and obtain a matriculation exemption.

·   I wish to attend the University of KwaZulu-Natal to pursue a degree in Law.

Medium-term goals:

·   I hope to specialise in Business Law and work in a corporate environment in Gauteng.

·   I know that my parents are not financially well off to finance my academic career. Therefore I intend working during weekends.

·   I have already sent out my CVs and begun job shadowing. I want to obtain a part-time job when I begin my tertiary education.

Long-term goals:

·   As a well-established business lawyer I hope to establish my own business law practice.

·   I hope to marry and have two children.                                                                                (6)

                                                                                                                                                               [10]

QUESTION 3

3.1         An employment contract is an agreement between an employee and employer at the beginning of the employment. ü

It states (any five of the following):

The roles and responsibilities of the employee (ü), defines the remuneration (ü), pension (ü), whether the worker is permanent or casual (ü), leave benefits (ü), payments (ü), medical aid (ü), annual bonus (ü), disciplinary procedure (ü), grievance procedure (ü), health and safety (ü), code of conduct (ü), confidentiality (ü) and termination (ü).                                          (6)

3.2         An employment contract protects ü the rights of both the employer and employee, and ensures that they fulfil their obligations. ü Lucy would have been entitled to certain benefits ü when her employer leaves. The contract would have protected her. ü                                  (4)

                                                                                                                                                               [10]

QUESTION 4

5 points on study skills and strategies (5 marks) and 5 points on how this could impact on the learner (5 marks). Examples of study techniques are listed below. Impacts will vary – award marks on merit and substantiation.

·   Understand your individual learning style.

·   Knowledge of your own style will assist you in maximising your learning, e.g. if you are a visual learner, mind maps and sketching ideas will enhance your learning.

·   Make time to study. Avoid putting off studies.

·   Keep your goals in mind to stay motivated.

·   Plan your studies at the beginning of the year in order to ensure that enough time is spent on all areas. Particular attention should be given to areas of weakness.

·   Draw up your study timetable so that it helps you to establish a routine to work every day.

·   Study in a suitable place.

·   Create a conducive environment for study. Ensure you have a table, chair, light, notes, books etc.

·   To assist your studies you can play soft calming music e.g. classical.

·   Remember to have breaks in between study sessions.

·   Divide material into manageable sections.

·   Ensure good time management.

·   Exercise and eat a balanced diet.

·   Ask questions when you do not understand.

·   Communicate your difficulties with your teacher and seek help after hours.

·   Summarise notes.

·   Revise your summary.                                                                                                                                                           [10]

QUESTION 5

All the headings listed below should be given and filled in. Award marks as follows:

·   Personal particulars (must include all relevant details) (2 marks)

·   Education (2 marks)

·   Work Experience (2 marks)

·   Hobbies and other interests (1 mark)

·   References (1 marks)

·   See attached covering letter (1 mark)

·   Neatness and layout (1 mark)

CURRICULUM VITAE Personal Details Surname Full Name/s ID Number Date of Birth Postal Address Telephone Nationality Gender Marital Status Home Language Other Languages Driver’s Licence Email Address Education and training Last School Attended Highest Standard Passed Subjects Passed Positions Held at School Involvement in School Projects Awards

Other Skills Other Qualifications / Certificates Attained Institution/s Subjects Passed Work Experience Organisation / Institution Position Period Hobbies and interest Organisations e.g Athletics Club Other Skills Speak the following languages fluently References Name Position Telephone See attached covering letter

                                                                                                                                                               [10]

QUESTION 6

3 marks for goals

4 marks for career portfolio/plan

3 marks for strengths/opportunities/job market

A career development plan sets out your short-, medium- and long-term career goals. It is like a road map for your future and sets the goals you want to achieve. It keeps you focused on what your dreams and aspirations are and assists you to reflect on the career goal setting. A good career plan can assist you in reaching your career goals and placing things in perspective. It allows you to reach the dream job, and reach attainable objectives.

Career development plan:

·   Do careers research on your chosen field.

·   Make appointments to meet with people at career centres for advice.

·   Take career assessment tests if possible.

·   Talk to faculty members and counsellors about choices.

·   Make appointments at career centres to complete portfolios.

·   Research companies in selected cities and develop a target list.

·   Develop list of contacts/begin networking.

·   Review salary information.

·   Use job search resources: classifieds, networking, internet.

·   Begin sending lists of companies for portfolios to career centres.

·   Attend career fairs.

·   Gain experience through part-time, internship or volunteer opportunities.

·   Go to Student Employment, or a website for part-time jobs.

·   Define career goals clearly.

·   Write a mission statement.

·   Assess your own personal skills and interests.

·   Look at what strengths and weaknesses you have.

·   Ask yourself what opportunities and challenges there are in your community.

·   Keep up to date with the news to see what changes in global and local affairs are influences the world of work. For example, the increase in fuel prices, power cuts and the crisis in Zimbabwe all affect the economy.

·   Find out about the trends in the job market.                                                                                                                                                           [10]

QUESTION 7

Reasons for unemployment (for 5 marks):

·   There is a shortage of skilled labour in South Africa. South Africa has a large unemployment rate, particularly amongst the youth.

·   The unequal access to education and training has left certain groups of people with little access to certain jobs.

·   Employment growth has not kept pace with the labour force. Even those who have skills cannot always find jobs.

·   The South African economy has grown on a macro level in such a way that does not open up opportunities to poor or disadvantaged people.

·   Major problems in the neighbouring countries have contributed considerably to migration from neighbouring states.

Challenges – how to overcome them (for 5 marks):

Entrepreneurship

An entrepreneur is someone who seizes an opportunity to fill a need at the market place. The individual starts up his or her own enterprise, raises finance, organises the venture and becomes a risk taker. Being an entrepreneur is one of the ways out of unemployment. It involved teaching people to create their own jobs and understanding their own expertise.

Identify a niche market

·   Understand the local, national and international markets.

·   Identify skills shortages.

·   Read the market.

·   Find out what the skills demand is for in South Africa.

·   Become creative and innovative, e.g. open up a guesthouse.

·   Network – use the internet, career resources, brochures and, most importantly, communicate with others.

·   Learn how to present and market yourself.

Benefits of a learnership

·   Learnerships in different fields are controlled by SETA-Sector Education and Training.

·   It addresses the shortage of skilled labour.

·   It is a work-based approach to learning and gaining qualification.

·   It assists those who are historically disadvantaged and previously excluded to upskill themselves and their qualification.

·   It assists people to get a job and an education that is outcomes-based and assessed to ensure learner competence.

·   It provides practical hands-on training as well as the theoretical learning.

·   People learn the dynamics of a workplace environment.

·   Achievement of internationally recognised qualifications.                                                                                                                                                           [10]

QUESTION 8

5 marks for personal life

5 marks for organisation

Accept any well-reasoned answers. They will vary from person to person.

The impact on the individual could include any of the following:

·   Sense of direction and purpose

·   Clear goals set out

·   Sense of accomplishment when you achieve goals

·   Source of inspiration in times of difficulty. Encourages you to persevere and not give up easily.

·   Creates space for self-analysis

·   Helps focus on what you want

·   Assists in making more informed choices

Impact on the organisation could include:

·   Gives the organisation a specific focus

·   Explains what the organisation strives to be

·   Is a reminder of the responsibilities of the organisation

·   Attracts clientele, sponsors who are inspired by the mission statement

·   Helps prioritise what is most important to achieve

·   Allows the organisation to be accountable for its actions                                                                                                                                                           [10]

QUESTION 9

Learners will give a wide range of answers. This answer will be marked according to the way a student is able to substantiate his or her claims.

4 marks for the different types of jobs available

6 marks for analysis of the chosen sector

For individuals who have the aptitude for sport, participate and support sport and recreational activities, there are a wide range of competitive jobs available. Examples of jobs available in soccer, for example, are: professional player, coach, sports scientist, events manager, referee, sports psychologist, sports doctor, personal trainer, sports stadium manager, dietician, agent.

Learners should select one sector and analyse it in terms of their preferred sport, e.g. soccer.                                                                                                                                                                [10]

QUESTION 10

5 marks for entrepreneurial venture (own or other)

5 marks for plan of action.

The first part of the question will differ from student to student. Mark according to merit. Make sure the student explains the particular innovation involved and the niche market it targets.

Plan of action:

·   Identify your own personal strengths and weaknesses – what do you have to offer?

·   Identify your unique skills and connections

·   Network with those who can help your project succeed

·   Seek advice from as many people in the field as possible

·   Identify your niche market and do research on it

·   Understand the local, national and international markets

·   Identify skills shortages

·   Use the internet, career resources or brochures to find out more about similar ventures and why they succeeded or failed

·   Practise presenting your ideas confidently and market yourself                                                                                                                                                           [10]

QUESTION 11

4 marks given to presentation: correct format (address, salutation, conclusion, punctuation, appropriate subject heading).

6 marks for content: provide suitable reasons for the application. Provide further attachments and contact details. A possible answer is given below.

	12 Station Road Plumstead Cape Town 7800 1 May 2008
8 Bosmansdam Road Milnerton Cape Town 7441
Dear Mr Jenkins Application for the Telkom Computer Science Bursary I would like to apply for the Telkom Computer Science Bursary in order to study Computer Science at the University of Cape Town next year. I am unable to afford the fees on my own, so require funding to further my education. I have had a keen interest in Computer Science since primary school. I have a consistent track record of high marks in this subject at high school. Through my fundraising initiative last year, our school was able to purchase two more computers for the laboratory, of which I have been elected head assistant for three years running. I run an after-hours computer literacy programme for adults. I have a great passion for using my knowledge of computers to aid those less fortunate than myself in my community. With your funding I would be able to obtain a degree and start my own computer science business venture. Please find attached a copy of my Curriculum Vitae and an academic transcript verifying my examination results for my most recent set of matric examinations at school. I can be contacted at the above address or on my cell 084 666 8888 for an interview. Yours faithfully Patience Zulu

                                                                                                                                                               [10]