The alternative charge of common assault is referred to in section 267 of Chapter 26 of the CPA. Even so, the mental tripwire for the using your firearm should be “I’m being attacked.” You may have the legal right to “stand you ground,” but up to that point, escape and evade are your two best friends. (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes. A man who fired a shot to separate a fight between two dogs, has been found guilty of pointing a gun at a 15-year-old. South Africa does not appear to have a sentencing institution in place. South Africa’s new property laws you need to know about. The past few years have seen a number of important … The murder rate increased rapidly in the late-1980s and early-1990s. The incident is a timely reminder that gender-based violence can never be tolerated in South Africa, Gun Owners South Africa (Gosa) chairperson Paul Oxley said. The section provides that if the evidence doesn’t prove common assault but proves sexual assault or compelled sexual or self-sexual assault or pointing a firearm, air-gun or … For example, if the defendant is charged with assault for pointing a gun at the victim, it will not matter what was going on inside the defendant's mind at the time. “Death or grievous bodily harm” If someone attacks you with a pillow, you are not at risk of death or grievous bodily harm. Staff Writer 2 November 2019. C. Sentencing Institutions. Subscribe. Around 57 people are murdered in South Africa every day. Head Office. 11. (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Tel: +27 (0) 12 393 1000 SAPS Head Office Koedoe Building 236 Pretorius Street Pretoria Private Bag X94 Pretoria 0001 GPS Coordinates: S25.74790 E28.18901 In the transition to democracy in 1994, there was a surge in gun sales in what amounted to panic buying. It is difficult to determine how many guns there are in South Africa today but Gun Free South Africa (GFSA) estimates that, as of August 2011, there were 1.8 million legal gun licence holders, or 5,9 guns for every 100 people in the country. Intent will be inferred from the circumstances, because it is common knowledge that people fear for their safety when a gun is pointed at them. A more alarming finding for South Africans is that the country was found to have the second highest rate of gun-related deaths in the world at 9.4 deaths per 100,000 people.  Between 1994–2009, the murder rate halved from 67 to 34 murders per 100,000 people. Following the conclusion of the work of the Van der Heeven Committee, the Minister of Justice appointed another project committee of the South African Law Commission in 1998.