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The Constitutional Right to Self-Defence [1995] ZAConAsmRes 1485 (26 May 1995)

 

26th May 1995


THE CONSTITUTIONAL RIGHT TO SELF-DEFENCE

In response to your invitation I wish to record the following:

  1. The right to self-defence is inalienable;

  1. The right to self-defence becomes meaningless if the right to carry weapons is denied;

  1. The nature of any action taken in self defence will be dictated by the threat posed and it is an established fact that violent crimes in South Africa are invariably committed with weapons of some sort;

  1. To restrict the rights of law-abiding Citizens to bear arms in self-defence, would leave them defenceless against the criminal element who would, in any event, not abide by legislation restricting the carrying of weapons.

  1. The right of every South African to keep and bear arms must be entrenched in the new Constitution.



M. Webster