Jury out on self-defence murder case
The Eastern Cape woman who killed a man and injured two others has united South Africans in collective moral outrage.
She caught them allegedly raping her 27-year-old daughter and she is now facing charges of murder and attempted murder.
The woman, who cannot be named to protect the identity of her daughter, was arrested at the beginning of the month, and is out on R500 bail.
South Africans are rallying behind her, and some have even started a crowd-funding campaign to pay for her legal fees.
The question on many people’s lips is when does the SA law justifies killing in self-defence.
In the US, a killing may be considered justified if it is done to prevent a very serious crime, such as rape, armed robbery, manslaughter or murder.
A few South African legal firms we quizzed on what the SA criminal law says about selfdefence explained that one should first ascertain if the attack is ongoing or has ended, before springing into action.
The argument is that you can only defend yourself against an attacker during an ongoing attack.
The South African courts require that your actions in defending yourself must not exceed boundaries of self-defence.
For instance, you cannot shoot a person for punching you, as that would exceed the boundaries of self-defence.
Members of the community in the village where the incident happened believes the woman acted in self-defence, and they collected money to pay for her bail.
Cape Town resident Natalie Kendrick has also started the #lionmamaan online fundraiser to assist the woman with legal and counselling fees.
This campagn has already raised more than R20 000, while an attorney has also volunteered to represent the woman for free.
The principle to remember when being attacked, according to our legal eagles, is that if you believe that the attacker would injure you or someone close to you and even possibly kill you as a result of the attack, you may use any and all means to defend yourself.
The outcome of this case may prove a watershed moment for most South Africans as violent crime has become a common feature in the country.