Proactive lobbying - Castle Doctrine

**fivefivesix** · 26-11-2014, 07:48

Thought Leader » Is South Africa ready for the Castle Doctrine? - http://m.thoughtleader.co.za/traps/2008/06/14/is-south-africa-ready-for-the-castle-doctrine/?wpmp_switcher=mobile

**fivefivesix** · 26-11-2014, 07:51

Why are we reactive as oppose to proactive with regards to FA laws in such a crime ridden country??

GFSA have their "acts and amendments" drafted and are actively lobbying politicians whilst we sleep. What laws such as the Castle doctrine should we as law abiding citizens be advocating??

**John Reid** · 26-11-2014, 07:55

Castle and Stand Your Ground are both sorely needed in SA. Getting a politician behind either though, that's a whole different story.

**Wanderin' Zero** · 26-11-2014, 08:04

It'll never get past our Constitutional Court. Not in the foreseeable future anyway.

**Johann du Toit** · 26-11-2014, 08:05

Originally Posted by John Reid

Castle and Stand Your Ground are both sorely needed in SA. Getting a politician behind either though, that's a whole different story.

Any politician who advocates for castle doctrine and stand your ground will win an election in a landslide in my opinion.

**FantomBadger** · 26-11-2014, 08:09

Originally Posted by Wanderin' Zero

It'll never get past our Constitutional Court. Not in the foreseeable future anyway.

Did RSA ever adopt a Castle Doctrine in the past?

**John Reid** · 26-11-2014, 08:24

Originally Posted by Wanderin' Zero

It'll never get past our Constitutional Court. Not in the foreseeable future anyway.

True story, very sadly. Life trumps all, even the life of those who would take yours.

**Wanderin' Zero** · 26-11-2014, 08:30

Originally Posted by FantomBadger

Did RSA ever adopt a Castle Doctrine in the past?

Not in statutory form.

**Skaaphaas** · 26-11-2014, 09:34

Originally Posted by Wanderin' Zero

Not in statutory form.

Snyman is often quoted as stating that a defender, in his house, does not have a duty to retreat in the event of an attack.

His authority for this is one footnote referring to the Castle Doctrine in the USA.

I've never seen much critique on that. There is one outdated argument that "running from an attack" may be perceived as cowardice, and therefore the defender is also defending the unlawful attack on his good name, which is a legally recognised right. This was argued successfully, but in a pre-constitution case, and also not in one where lethal force was used.

**Lian** · 26-11-2014, 09:40

what people also tend to forget, is that "castle doctrine" (USA) doesnt mean you can simply/sommer shoot someone in your house.
it merely means, that IF found innocent in the probable criminal case, THEN you're automatically immune to a civil case.