What are your rights if someone breaks into your home in SA?
Homeowner confronts intruder in Bluff: A case of self-defence?
Image: Freepik
A recent home invasion that left a suspect dead and a homeowner taken to a police station has raised the question of homeowners' rights.
On Thursday morning, a knife-wielding robber terrorised a family in their Bluff home.
After a scuffle with a homeowner, the suspect sustained a stab wound and died on the scene.
The homeowner claimed that he was taken to the Brighton Beach SAPS in the back of a police van but was later released.
His wife claimed he was branded a "murderer" in the presence of his kids.
KZN police said an inquest docket had been opened.
"Reports indicate that on Thursday, on Wyburn Grove in Bluff, an unknown man reportedly attempted to break into private premises," said Netshiunda. "The owner of the premises confronted the suspect and a struggle ensued, and during the scuffle, the suspect was stabbed, allegedly with his own knife, and was declared dead at the scene."
Speaking about the incident, criminologist Thabang Bogopa explained to IOL that the law permits citizens to defend themselves in life-threatening situations.
"There is a principle in criminal law called private defence. It means you have the right to protect yourself from attacks. In that situation, your culpability is false because the intention was not to commit any crime but to protect yourself," he said.
Bogopa added that the legal assessment of such cases involves determining both intent and unlawfulness.
"So, the suspect was already committing the crime of trespassing. In a criminal court, the victim would not be found guilty of having committed the offense of killing the intruder unless it can be proven that the intruder was not harmful or was mentally disturbed.
In such a case, it becomes sensitive as the question arises as to whether this person (intruder) meant to cause any harm. Case law says you must exercise additional precaution when you deal with such people," he said.
He noted further considerations: "The time of occurrence, any possible relationship between the individual killed and the homeowner."
Mary de Haas, a KZN violence monitor, said such home invasions are frequent in the province and reaffirmed the right to self-defence.
"It's a matter of self-defence... I can recall a case in which a homeowner did kill someone in self-defence as was intended by the law. A home invasion is on your private property, and you have the right to not be invaded in your own home," she said.
De Haas said home invasions have plagued South African communities for decades and continue to do so despite improvements in certain crime categories.
According to the South African Police Services (SAPS), crime statistics there were 35,462 cases of house burglaries across South Africa between January 2025 and March 2025.
There were 5,516 cases of house robberies during the same period.
A burglary occurs when occupants are not home, compared to a robbery when occupants are present.
IOL News