Newcastle Man Charged with Attempted Murder for Shooting Suspected Burglar

A Newcastle man faces charges of attempted murder following an incident where he shot a suspected burglar on his property on Friday night, 4 April 2025.

Amajuba District SAPS Spokesperson Nonjabulo Langa provided details of the event, noting that the incident began earlier that day, leading to the homeowner’s encounter with the suspect.

“The owner of the house was out of town, and when he came back home, he saw that his house had been broken into. He then contacted the police to report the crime,” she began.

While awaiting police response, Constable Langa explained, the homeowner left briefly and returned to find an unidentified man in his yard, holding a small light—neither a police officer nor a security guard. “The man then shot at the suspect, injuring the man in his yard,” Constable Langa reported.

Police were subsequently informed of the shooting, and the suspect received medical treatment at a hospital. Moreover, Constable Langa confirmed that a housebreaking case has been opened against the suspect, while the homeowner now faces attempted murder charges.

With the homeowner charged for shooting the alleged intruder—who had reportedly burglarised the residence earlier—what legal principles govern the use of lethal force against a criminal on one’s property?

Constable Langa clarified, “Community members have the right to protect themselves and their property according to South African law. However, one needs to first ensure that their lives are at risk, before doing so. If a person has just cause to protect themselves and their loved ones, and their homes, a case will be opened and the police and the courts will then determine if the use of force was indeed necessary,” she noted.

It should be further highlighted that South African law recognises private defence, or self-defence, permitting individuals to use force to protect themselves, others, or their property from unlawful acts. Rooted in common law, this principle aligns with constitutional rights to life and security, as outlined in the South African Constitution.

Section 11 of the Constitution guarantees the right to life, while Section 12 ensures freedom and security of the person, including protection from violence. These rights emphasise the value of human life, influencing how self-defence laws apply to lethal force.

Legal authorities, such as those in When can you shoot to defend yourself? by Bregman Moodley Attorneys, specify that self-defense requires:

·         An imminent or ongoing unlawful attack.

·         The attack targeting a protected interest, such as life, bodily integrity, or property.

·         The defensive act being necessary to counter the threat.

·         The defensive act targeting the attacker.

·         The force used being proportionate to the threat.

In cases involving a burglar, the critical issue is whether shooting is justified under these conditions, particularly if the burglar targets property without threatening life. Research indicates that lethal force is generally disproportionate in such scenarios, as South African law prioritises human life over property.

For instance, Home Invasions and the Law: What You Should Know by Law For All states that homeowners may use firearms only if their life or their family’s is at risk, not merely to protect property. Similarly, Can I shoot an intruder entering my home unlawfully? by Barnard Incorporated Attorneys notes that shooting an intruder requires an imminent threat, beyond unlawful entry alone.

The law applies consistently to both home and yard, as both form part of the property. Discussions in What are the boundaries of private defence (self-defence)? by MacRobert Attorneys affirm that unauthorised entry into premises, including yards, constitutes an attack.

However, proportionality remains key—lethal force is permissible only with an immediate threat to life, regardless of location.

Proportionality is central to determining the legality of lethal force. If a burglar is stealing without displaying violence, shooting could be deemed excessive, potentially leading to charges like murder or assault, depending on the outcome.

Court rulings, such as those in When is Private Defence against attacks justifiable by LexisNexis South Africa, apply an objective “reasonable person” test to assess necessity and proportionality. For example, shooting a fleeing burglar with stolen goods, absent an immediate threat, would lack justification, risking legal consequences for the homeowner.

Considering this framework, what are your perspectives on the matter? Share your thoughts in the comment section below.