Durban – Legal experts say that a Durban man, who was stabbed before shooting dead an alleged attacker on his property, should not have been charged with murder.
KZN Police spokesperson Lieutenant-Colonel Nqobile Gwala confirmed that the Phoenix police are investigating charges of attempted murder and murder after Tuesday’s incident involving the 60-year-old homeowner.
“The man alleged that he found an unknown suspect at his premises in possession of copper pipes. He approached him, and the suspect became violent and stabbed him. The victim drew his firearm and allegedly shot the suspect who died at the scene,” she said.
KZN VIP Protection Services said on Tuesday a fleeing robbery and theft suspect from Brentwood in Phoenix was hopping walls in an attempt to flee community members who were chasing him.
They said the homeowner, unknowingly, while in his yard, was confronted by the suspect, who attacked the homeowner viciously when the homeowner attempted to defend himself.
“He shot at the suspect, who was declared dead on the scene.”
The man was taken to hospital. Legal expert Mpumelelo Zikalala, said that as the suspect drew out his weapon first, the homeowner had to act.
“This whole scenario goes in favour of the homeowner, and the police should open an inquest. The homeowner should not be charged, not until they do their investigation and gather all the facts,” he said.
Zikalala said there are also rules in self-defence that if the suspect was running away from the homeowner then there was no reason to shoot him.
“If you procure a gun and get a licence for it, there are mini-classes that you attend where you are told that you do not shoot to kill but rather to defend yourself, and also you do not shoot to save property but rather to save your life, that is why it is called self-defence,” said Zikalala.
Vuyo Manisi, attorney and director at Vuyo Manisi Inc, said a person has every right to defend themselves when they feel endangered on their own property.
“What happened is called justifiable homicide – which means you killed the person on justifiable grounds. If there is an intruder on your property who could potentially hurt you, you have every right to defend yourself,” Manisi said.
He said law-enforcement authorities have to thoroughly investigate this incident and look at all aspects before charging someone.
“I do not see the homeowner facing any prosecution here, if it was self-defence. The suspect trespassed and tried to attack the homeowner,” added Manisi.