Firearms Guardian has been made aware of a recent incident in the North West province where an unlicenced firearm was used in an act of self-defence during a suspected farm attack. The individual involved now faces charges of murder and the unlawful possession and use of a firearm. We believe this case highlights a crucial legal question for firearm owners in South Africa:
Can you legally use an unlicenced firearm and apply lethal force in a life-threatening situation?
Incident Summary
According to a police report, on the morning of 6 May 2025, a 66-year-old farmer was awakened around 03:33 by the sound of a window breaking. Realising his home and life could be in danger, he grabbed a firearm and went to investigate. Upon entering his kitchen, he encountered an intruder and fired a shot, wounding the man in the head. The intruder was declared dead on the scene by paramedics.
The National Prosecuting Authority has since confirmed that the farmer has been formally charged with murder and the use of an unlicenced firearm.
Legal Perspective: What the Law Says
This scenario raises two very pertinent legal questions regarding self-defence that all firearm owners should be informed on, and our lawyers have the answers:
- Are you allowed to use lethal force in an act of self-defence in order to protect life and/or property when attacked?
- Are you allowed to use an unlicenced firearm, to perform the necessary counter act of stopping an attack or threat?
Regarding the first question, Firearms Guardian’s expert in criminal law, Dr. Llewelyn Curlewis weighs in:
Are you allowed to use lethal force in self-defence to protect life and/or property when attacked? “The above mentioned scenario is a very good example where you can successfully rely on self-defence (actually private defence) when you protect your life and property. What happened to the farmer is not uncommon these days in South-Africa. It is, as far as I am concerned, a straightforward case of acting in private defence, seeing that the farmer merely attempted to protect lives and property. The attack or threat however needed to be life threatening and imminent. The law will determine whether the farmer’s defensive act can be considered to be lawful and therefore a proper defence against an unlawful farm attack and whether he should be prosecuted or not. If the defensive act is found to be lawful, he will be acquitted of any criminal charges.
Regarding the second question, Advocate Henk Nolte, a Director of Firearms Guardian explains:
Are you allowed to use an unlicenced firearm to perform the necessary counter act of stopping an attack or threat? “The answer is yes, without a doubt. The intruder apparently entered the farmhouse unlawfully and the farmer protected his own life (and probably that of others) and his property against this unlawful attack. The farmer can successfully rely on acting in private defence (self-defence) in possible criminal prosecution. He applied reasonable means in the situation. An inquiry into the force necessary to repel an unlawful attack is dependent upon the reasonableness of the force applied by a victim under the circumstances, not on the lawfulness to possess or use the weapon to repel the attack. If, however, the victim possessed the unlicensed firearm for some time prior to the farm attack, he might be successfully prosecuted for contravening the Firearms Control Act regarding the possession of the firearm for that period.
For a victim to successfully rely on self-defence, the following must be present:
● The attack must be unlawful;
● The attack must be life threatening;
● The attack must have commenced or must be imminent and not yet completed;
● The attack must be against a legal interest such as life or property;
● The defence should be necessary and performed to protect the interest of the defender or another person;
● The defensive actions must be directed against the attacker; and
● Reasonable means must be used in the defence
“I encourage members of the public to use their licenced firearms in situations like the above farm attack, on the assumption that they do so in a responsible manner, having been properly trained in using it and obviously adhering to the parameters set by law when using it.
Firearms Guardian would advise gun owners to always be alert, be prepared for sudden situations which require spur of the moment drastic action and to know that the law will protect them if they act in a reasonable manner. Even if they ultimately injure or kill a perpetrator they can successfully rely on a defence ordinarily accepted in our law.”
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,” because of an accidental discharge, hunting accidents and more, including prosecutions related to the Firearms Control Act.
Why choose Firearms Guardian?
● Access to a team of expert legal professionals 24/7
● Legal and liability cover starting from R135 per month
● Coverage of up to R300,000 per year, depending on your plan
Firearms Guardian is a first-of-its-kind legal protection product tailored specifically for responsible firearm owners.
Learn more: https://firearmsguardian.co.za/learn-more/
Disclosure:
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), a licenced non-life insurer and Financial Services Provider.
Frequently Asked Questions
● Q: Can you legally use someone else’s firearm in self-defence in South Africa?
A: Yes. If the threat is unlawful and imminent, and the force used is reasonable, self-defence can be a valid legal defence—even with an unlicenced firearm.
● Q: What legal cover do firearm owners in South Africa need?
A: Legal protection like Firearms Guardian ensures you’re covered in criminal and civil cases related to firearm use, including self-defence and regulatory matters.
