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Durban man faces murder charge after shooting and killing suspected hijacker

A 44-year-old man from Durban is facing murder charges after he shot and killed a
suspected hijacker around 2am on 21 June 2023 in Zazi Road, Ntuzuma. 
The driver was dropping off his girlfriend when they were approached by three armed men.
The driver fired several shots, killing one of the hijackers while the others fled on foot. An
unlicensed firearm was found next to the 30-year-old deceased. 

Besides a murder charge against the driver, police are investigating an attempted carjacking
as well as unlawful possession of a firearm and ammunition. No arrests have been made.
In an almost identical incident, a Durban motorist shot and killed a suspected hijacker
following an incident on King Cetshwayo Highway in November last year. 

The latest incident, comes barely a month after the death of a 66-year-old man – also a
hijacking victim, shot on Courtown Crescent in the Avoca Hills area of Durban in May. His
vehicle was found minutes later, but he died in hospital of his injuries.

Are you one of the hijack statistics yet?
Gauteng and KwaZulu-Natal are widely accepted to be the hijacking hotspots in South Africa
with spikes in the volume of incidents between December and January and between March
and June. Most hijackings take place on Thursdays and Fridays between 6am and 9am and
between 6pm and midnight. 

Our Legal expert, dr. Llewelyn Curlewis weighs in:
“There is absolutely nothing wrong in using your firearm in situations such as these…after all,
it will ultimately be argued that this is exactly the type of scenario envisaged by our law
emanating from the defence known as “private defence”(self-defence).

On the assumption that you comply with the parameters set in law for such defence, which
are trite, a person will walk away free and be declared innocent of having committed such
crime. Is it safe to assume that it is a shoot or be shot situation.

The mere fact that an initial case of murder is investigated amongst other possible charges, is nothing to worry about
and only suggests that the SAPS is doing its job, namely, to find out if any crime was indeed
committed and if so, by who? To be charged does not mean that a conviction will ultimately
follow. That is why there are courts to evaluate all the evidence and only then pronounce on
the matter.”

One can therefore expect that if you find yourself in a position where you had to use a
firearm in a hijacking situation, the law will take its course. You may be requested to answer
questions and even sometimes to make a formal statement/affidavit to explain what exactly

The worst case scenario is a prosecution that might follow, in which event it is of
paramount importance to get the best possible legal assistance available to protect your
Constitutional rights in and outside the court.
This is why Firearms Guardian is available to assist a policyholder who calls in a scenario as
described above.”

What if this happens to you?
Have you ever thought of the legal support you might need if you were to defend yourself,
your family or your property by using your firearm? Have you ever thought of the legal
support you might need if you were to defend yourself, your family or your property by using
your firearm? Firearms Guardian is there to protect you as a lawfully armed citizen in South
Africa. We offer you expert legal- and liability cover when you need it most.

Firearms Guardian is a ground-breaking legal protection insurance package for lawfully
armed citizens, regardless whether you acted “in self-defence”, as a result of an accidental
discharge, hunting accidents and more, including prosecutions related to the Firearms
Control Act.

We provide access to a team of legal experts 24/7 from as little as R135.00 per month.
Depending on the option that you choose, you will get comprehensive legal cover up to
R300 000 per annum. Firearms Guardian has got you covered!
To find out more, please follow the link.

To find out more, please follow the link.

Who is Dr LG Curlewis?
Llewelyn Curlewis is a senior-lecturer in the Faculty of Law at the University of Pretoria as
well as Akademia. He is a former-prosecutor and advocate. Currently, he is an attorney,
notary public and appraiser. Furthermore, Dr Curlewis is a senior-trial lawyer in full-time
practice and was involved in many high-profile court cases. He is a well-known speaker on
numerous radio stations and a familiar face on many television channels both in the RSA
and abroad. He is one of very few South Africans on the panel of defence counsel of the
International Criminal Court in The Hague (Netherlands).

The Firearms Guardian policy is administered by Firearms Guardian (Pty) Ltd (FSP47115), an authorised Financial Services Provider and underwritten by GENRIC Insurance Company Limited (FSP43638), an authorised Financial Services Provider and licensed non-life Insurer.