The Western Cape High Court has set aside a man’s conviction for assault with intent to do grievous bodily harm. The court found he acted in lawful self-defence when he punched a man at a party.
The man said the other guest had touched him in a sexual way many times that night. The court replaced the old conviction with one of common assault. It ruled that he acted unlawfully when he slapped and kicked the man after he fell unconscious.
“The State has failed to prove beyond a reasonable doubt that this initial blow was unlawful,” the judgment said.
The court also cut his sentence. Three years of correctional supervision was replaced with a fine of R3,000, or 30 days in jail. The fine is fully suspended for two years, as long as he is not convicted of assault in that time.
The incident happened at a party in Bantry Bay. The man was 23 at the time and the complainant was 36.
According to his account, the complainant came up behind him several times and pressed his body against him. He said the man breathed on his neck in a sexual way and tried to grab him.
He said he first walked away. Later he asked two friends for help, and they told the complainant to leave him alone. About 20 minutes later, the complainant allegedly tried to grab him again on the dance floor and put his mouth on his neck.
He then went out onto the patio. Video footage shown in court showed the complainant following him and moving towards him. He punched the complainant once in the face, and the man fell to the ground.
The footage then showed him slapping the complainant while he lay still. Two seconds later, he kicked him.
The complainant was treated at Somerset Hospital for a broken nose and swelling at the back of his head. The judgment also listed bleeding in the skull and a skull fracture. He testified that he now suffers hearing loss, memory problems and constant headaches.
The complainant could remember little of the night. He first told police he was hit from behind in a garden, but later said that statement was wrong.
The man was first charged with attempted murder. The Regional Court convicted him of assault with intent to do grievous bodily harm, and he appealed.
In the majority judgment, Judge Le Grange, with Judge Sher agreeing, said the trial court had been too critical of his evidence. The court said self-defence is not only for threats to a person’s life. People may also protect their body and dignity, if the force is necessary and fair.
The court found he had good reason to believe an attack was coming on the patio. It said he did not have to wait to be touched again.
But once the complainant was unconscious, he was no longer a threat, the court said. Judge Le Grange held that the slap and kick were unlawful force against a defenceless person. The judgment warned that ignoring such violence could encourage vigilantism.
Acting Judge Anderssen agreed the punch was self-defence. She disagreed on the slap and kick, saying no injuries were linked to them and a common assault conviction was not needed.
When setting the new sentence, the court said the man was young, a first offender and had been provoked. It also took into account that the slap and kick happened over a short time.
Source: this article is based on reporting by IOL. Image: IOL. Written with the help of AI and published by the Tzaneen Voice News desk. See our Editorial Standards.
Kgomotso Maake covers news and politics for Tzaneen Voice. Kgomotso reports on government, Parliament, municipalities, courts, crime and service delivery across South Africa, with a close eye on how national decisions reach towns like Tzaneen and the wider Limpopo province. Stories are written in plain English and focus on the facts: who made the decision, what it means, and what happens next.