(1)The right of private defence of property starts when the defender reasonably believes that there was a danger to property (either his own or that of any other person) arising from any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit such an offence.
Section history
Section 104 — Commencement and continuance of right of private defence of property
As in force on 1 March 2022.
Timeline 3 versions
- 30 March 1987 Enacted
- 1 January 2020 Act 15 of 2019
- 1 March 2022 You are here
- 17 August 2026 Latest
(2)The right of private defence of property against theft continues till —
(a)the offender has effected his retreat with the property;
(b)the assistance of a public authority is obtained; or
(c)the property has been recovered.
(3)The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
(4)The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
(5)The right of private defence of property against house‑breaking continues as long as such house‑breaking continues.