African approaches to killing in defence of property

This paper examines approaches by certain African nations to the question of when, if ever, it is permissible to kill in defence of property. Five different approaches are distinguished: 1) a general right to kill in defence of property (South Africa); 2) no right to kill in defence of property (Ghana); 3) a right to kill in defence of certain limited types of property (Sudan, Nigeria); 4) a right to kill where the threat is to both property and person (Sudan); and 5) use of excessive force in defence of property (Sudan). It appears that Sudan permits the use of fatal force in defence of property in the greatest number of cases. The article suggests that the law should recognize a right to apply fatal force where danger includes a combination of a threat to property and to the person. The provision in the Sudanese Penal Code could serve as a possible model. Notes, ref., sum. [ASC Leiden abstract]

Title: African approaches to killing in defence of property
Author: Yeo, Stanley
Year: 2008
Periodical: The Comparative and International Law Journal of Southern Africa
Volume: 41
Issue: 3
Pages: 339-352
Language: English
Geographic terms: Africa
Sudan
Abstract: This paper examines approaches by certain African nations to the question of when, if ever, it is permissible to kill in defence of property. Five different approaches are distinguished: 1) a general right to kill in defence of property (South Africa); 2) no right to kill in defence of property (Ghana); 3) a right to kill in defence of certain limited types of property (Sudan, Nigeria); 4) a right to kill where the threat is to both property and person (Sudan); and 5) use of excessive force in defence of property (Sudan). It appears that Sudan permits the use of fatal force in defence of property in the greatest number of cases. The article suggests that the law should recognize a right to apply fatal force where danger includes a combination of a threat to property and to the person. The provision in the Sudanese Penal Code could serve as a possible model. Notes, ref., sum. [ASC Leiden abstract]