Durban - Community Policing Forums (CPFs) and crime experts have urged members of the public to be cautious if they are forced to defend themselves during home robberies and to bear in mind the legal consequences of their actions.
They were responding to questions from The Mercury after two alleged robbery suspects died in separate incidents in Westville and on the Berea.
In the most recent incident, last Thursday, ALS paramedics responded to reports of a shooting in Westville North, where a suspect was found dead.
ALS Paramedics spokesperson Garrith Jamieson said the paramedics found multiple SAPS and security officers at the scene with the area cordoned off.
“Paramedics were shown to a man believed to have been a suspect who had sustained multiple gunshot wounds. He was in critical condition, and despite Advanced Life Support intervention, the man went into cardiac arrest and died.”
Last Monday, IOL reported that a suspect died after he had boiling water poured on him after he tried to enter a home on the Berea.
Police spokesperson Colonel Robert Netshiunda said the victim poured boiling water over the suspect as she screamed for help. The suspect ran to the front lawn in agony and died of his injuries shortly after.
He said Berea police were investigating a charge of attempted robbery, and an inquest docket had been opened.
Legal expert Mpumelelo Zikalala said that self-defence is only allowed if you are defending yourself and not if you are defending your property.
“If you find an intruder inside your home who is armed and you are forced to defend yourself and your family, this is allowed, as this is self-defence.
“However, if an intruder has left your home and is still exiting your property, you are not allowed to shoot or attack the suspect as you are no longer in immediate danger.”
Zikalala added that the investigating officer would investigate if the intruder was shot or attacked out of self-defence.
“This will be in line with what was the danger and who was present in the house. If it is a shooting, the investigating officer will also look at if the suspect was shot at the front or the back of the body; or if the suspect was shot in the lower body or upper body; as this will determine if there was an intention to kill.”
Chad Thomas, a financial and organised crime investigator, said that people had the right to defend themselves, those around them, and their property, provided that the self-defence was appropriate to the threat.
“You cannot assault or kill someone if they do not represent a threat to you, those around you, or your property.
“Unfortunately, we are seeing a rise in vigilantism, which is unacceptable. As frustrating as it may be at times, we do have a functioning criminal justice system, and we need to allow the law to follow its course.”
Preggy Govender, chairperson of the Bonela CPF, advised people not to confront home intruders.
“This is something that we, as the Bonela CPF, have encouraged as you can’t put a value on your life.
“Intruders are entering people’s homes, they are armed, and have an intention to kill. So if you can avoid a confrontation, you should do so and inform the relevant authorities.”
Govender added that there may be times where you could be forced to defend yourself in a home invasion.
“There are times where you and your family are in danger, and you have to defend yourselves. You can understand that, but other than that, you should avoid a situation that can turn ugly.”
Vishal Lachman, chairperson of the Shallcross Community Policing Forum and PRO of the Chatsworth CPF, said residents should be on crime watch groups and CPF groups to send out quick alerts if intruders enter their homes.
“I would advise the public to contact the SAPS first and then send out an alert to the CPF and your neighbourhood watch groups that you are in danger.
“We should avoid confrontation as this could lead to more dangers, and the worst scenario is to see loss of lives. I would also advise the public to learn basic self-defence as you need to have those tools to defend yourself or your family.”
Aidan David, chairperson of the eThekwini district policing board, said he believed every homeowner had the right to protect their homes and families from criminals. “Homeowners or the public should join local Community Policing Forum structures and become a participant in the fight against crime.”