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  1. #1
    User
    Join Date
    Oct 2011
    Age
    42
    Posts
    30

    Default 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.

  2. #2
    User
    Join Date
    Aug 2009
    Location
    George - Western Cape
    Posts
    2,158

    Default Re: Section 102 and worst case

    Quote Originally Posted by Dubbed View Post
    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.
    Get a lawyer fast.

    Can I suggest you contact Francois De Kock? He has plenty of experience with the 102’s.

    +27 (79) 102-9180


    Sent from my iPhone using Tapatalk

  3. #3
    User
    Join Date
    Jul 2013
    Location
    Cape town
    Age
    48
    Posts
    1,024

    Default 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.

  4. #4
    User
    Join Date
    Apr 2017
    Location
    Gauteng
    Posts
    283

    Default Re: Section 102 and worst case

    I can also vouch for Francois De Kock.

    If he doesn't answer immediately shoot him a WhatsApp.

  5. #5
    User
    Join Date
    Oct 2011
    Age
    42
    Posts
    30

    Default 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.

  6. #6

    Default 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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