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Thread: Section 102 and worst case
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12-10-2021, 15:05 #1
- Join Date
- Oct 2011
- Age
- 42
- Posts
- 30
Section 102 and worst case
Afternoon all.
I have just been informed that someone i laid a charge of assault against will be trying to go open up a counter charge of negligence against me.
Im not sure what the basis of the allegations are, but its very clear that this person knows that i have a licenced Firearm and is making up charges in an attempt to get me to drop my assault charge.
a few questions from my side:
What is the process when opening up a negligence case? What evidence is needed for them to be successfull? or is it a case of allegation and a policeman rocks up at my home and locks me and my firearm up?
What is the Section 102 process, and do i need a lawyer? just seems unfair to go through all these expenses just because someone is making up stories.
Any pointers that anyone can offer will be highly appreciated.
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12-10-2021, 15:24 #2
- Join Date
- Aug 2009
- Location
- George - Western Cape
- Posts
- 2,158
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12-10-2021, 15:54 #3
- Join Date
- Jul 2013
- Location
- Cape town
- Age
- 48
- Posts
- 1,024
Re: Section 102 and worst case
Lawyer up and do it ASAP.
Damian Enslin is also pretty decent when it comes to defending such cases.
Martin Hood too.
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12-10-2021, 15:57 #4
- Join Date
- Apr 2017
- Location
- Gauteng
- Posts
- 283
Re: Section 102 and worst case
I can also vouch for Francois De Kock.
If he doesn't answer immediately shoot him a WhatsApp.
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12-10-2021, 16:06 #5
- Join Date
- Oct 2011
- Age
- 42
- Posts
- 30
Re: Section 102 and worst case
Thanks Guys, will make contact.
Because of this whole assault thing i decided to get my ass in gear and get my GOSA membership sorted. I am a member as of yesterday and I know there is a waiting period which makes sense.
Advise to anyone that reads this post. DO NOT procrastinate. Get your membership sorted out TODAY. You never know when it will come in handy.
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12-10-2021, 16:49 #6
- Join Date
- Jul 2012
- Posts
- 7,182
Re: Section 102 and worst case
So when a normal common assault happens. If you assault the other person or if he assaults you. What ever the case. Even if you were example the person assaulting him. Always best to open also a case. Guess what he did here.
This then becomes hear say. As each party says the other party started it. And there is always 20 sides to each parties story.
And the detective wont even forward it to a prosecutor as they will just throw the case out.
As its impossible then to go on the two persons hearsay events to determine who was at fault. and who started first. By laying the first hands on other person
Seen this so many times its silly. And alot of these cases was my cousin who got in a fight. And then he and other guy both open cases and it goes absolutely nowhere. In one case he broke the other guys jaw when the guy pushed his girl around. So guy made case. My cousin made case and nothing happened.
When its aggravated assault its different. But common assault goes nowhere if both parties makes a case.
Pretty sure he got this advice and countering your case.
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