Firearm Competency Legal Use of Force and Self-Defence — Questions and Answers
Question 1: When is the use of a firearm in self-defence legally justified in South Africa?
- Only when there is an unlawful, imminent threat to life and force is necessary and proportionate (Correct answer)
- Whenever you feel threatened in any way
- Any time you are on your own property
- When someone insults you
Correct answer: Only when there is an unlawful, imminent threat to life and force is necessary and proportionate
Private defence requires an unlawful and imminent attack on a legal interest such as life, where the defensive force used is necessary and proportionate to the threat.
Question 2: What legal principle limits how much force you may use in self-defence?
- Seniority
- Proportionality (Correct answer)
- Equality of arms
- Right of way
Correct answer: Proportionality
The force used must be proportionate to the threat. Using deadly force against a minor or non-life-threatening attack can make the defence unlawful.
Question 3: May you use a firearm to protect only property, such as a cellphone being stolen with no threat to life?
- Yes, always
- Yes, if it is expensive
- Generally no, lethal force to protect property alone is rarely justified (Correct answer)
- Only at night
Correct answer: Generally no, lethal force to protect property alone is rarely justified
Using lethal force purely to protect property, where there is no threat to a person's life or bodily integrity, is generally not justified and may be unlawful.
Question 4: What must you usually do immediately after a self-defence shooting?
- Leave the scene quickly
- Hide the firearm
- Say nothing to anyone ever
- Report the incident to the police and cooperate (Correct answer)
Correct answer: Report the incident to the police and cooperate
You should report the incident to SAPS as soon as possible, ensure scene and personal safety, and cooperate with the investigation that follows.
Question 5: What does 'imminent threat' mean in the context of self-defence?
- A danger that is about to happen or is happening now (Correct answer)
- A threat that happened last week
- A possible future argument
- A threat made on social media only
Correct answer: A danger that is about to happen or is happening now
An imminent threat is one that is occurring or about to occur. Defence is not justified against a threat that has already passed or is merely anticipated far in the future.
Question 6: If an attacker is fleeing and no longer poses a threat, may you shoot them?
- Yes, to stop them escaping
- No, the threat must be ongoing for defensive force to be lawful (Correct answer)
- Yes, if they took something
- Only with a warning shot
Correct answer: No, the threat must be ongoing for defensive force to be lawful
Once the attacker is fleeing and the threat has ended, the justification for defensive force falls away. Shooting a retreating person can amount to a crime.
Question 7: Who carries the burden of acting within the law when a firearm is used?
- The attacker
- SAPS
- The licensed firearm owner (Correct answer)
- The firearm dealer
Correct answer: The licensed firearm owner
The licensed firearm owner is responsible for ensuring that any use of the firearm falls within the bounds of the law of private defence and the FCA.
Question 8: What is a 'warning shot' considered under South African law and safe practice?
- A legal requirement before defending yourself
- A way to scare off any intruder safely
- Mandatory in all cases
- Generally discouraged and potentially dangerous and unlawful (Correct answer)
Correct answer: Generally discouraged and potentially dangerous and unlawful
Warning shots are discouraged because the bullet can injure innocent people and the act may itself be reckless; defensive force should be used only when genuinely justified.
Firearm Competency Legal Use of Force and Self-Defence
When is the use of a firearm in self-defence legally justified in South Africa?