Proportionality in Private Defence

Role of Proportionality in Self-Defence

• Proportionality is a decisive factor in determining whether a defensive act was reasonable.

• Because a precise formula to balance defense against attack does not exist, the legal requirement is satisfied when the defensive act is reasonably proportionate to the attack.

• Courts must evaluate all underlying circumstances of the specific case to determine reasonable proportionality.

Authorities and Legal Precedent

• Principles discussed in Snyman (at 110, 110–1) and Burchell (at 126–7).

• S v Engelbrecht

• Ntsomi v Minister of Law and Order 1990 (1) SA 512 (C)

• S v Trainor 2003 (1) SACR 35 (SCA)