EXPLAINER: When can you legally shoot in self-defence in SA?

Knowing when you can legally use a firearm in South Africa could be the difference between freedom and a criminal charge.

A firearms safety advocate says many gun owners misunderstand the law, especially when it comes to home invasions, protecting others, and what counts as a life-threatening situation.

Speaking on 702, security operator and firearms safety advocate Themba Kubheka said the law is stricter and clearer than many people realise.

The one rule that decides everything

Kubheka said self-defence is not about revenge or punishment, but necessity.

“It is to stop the threat. That is what self-defence is,” he explained. “There’s an ongoing, imminent and unlawful threat against you. You then use your firearm as a means to stop that attack.”

If any of those elements are missing, a shooting may not be considered lawful self-defence.

That means you cannot shoot after a crime has already happened, or simply because you suspect danger.

Why some shootings never reach court

Kubheka said defensive shootings are first assessed by investigators to determine whether the legal requirements were met.

“If it satisfies all the elements of a self-defence shooting, there’ll be an inquest,” he said. “Once the inquest says something doesn’t seem right, then it might go to court.”

In other words, not every case ends in prosecution, but contradictions in a shooter’s version can quickly change that.

What the law expects during a break-in

When intruders enter a home, panic often takes over. But Kubheka said the safest legal approach is defensive, not aggressive.

Residents should alert security or police and, where possible, warn intruders that they are armed.

“It’s advisable for you to tell the guys, ‘Don’t come in. If you come in here, I’ll be forced to act,'” he said.

This can help demonstrate that force was used only as a last resort.

You can defend others, but be careful

South African law allows someone to defend another innocent person facing an immediate attack.

However, Kubheka warned against jumping into situations without knowing what’s happening, as appearances can be misleading.

What looks like a violent assault could, in some cases, be a police operation or a lawful arrest.

Any licensed firearm can be used

Kubheka also addressed confusion about firearm licences.

“You may use any firearm licensed to you for any lawful purpose,” he said.

That means a gun licensed for hunting or sport shooting may still legally be used in self-defence if the threat meets the legal test.

The legal risks gun owners forget

He warned that firearm owners carry a heavy responsibility even outside moments of crisis.

“You are responsible for every round that leaves your firearm,” he said.

Failing to report a stolen firearm or storing it incorrectly can also lead to serious criminal consequences.

The bottom line for gun owners

Self-defence in South Africa is judged on necessity, not fear or anger.

If there is no immediate, unlawful threat to life, pulling the trigger could put the gun owner on the wrong side of the law.

For more detailed information, listen to Kubheka using the audio player below: