The wife of Faisal ul Rehman, the 48-year-old man who was gunned down during a road rage incident in Emmarentia, Johannesburg, could be charged for handing a firearm to her husband.
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The wife of a man who was killed in a fatal shooting following a violent road rage incident in Emmarentia, Johannesburg, could be charged for handing a gun to her husband during an argument.
Human rights lawyer and director of civil society Accountability Now, Advocate Paul Hoffman, said the wife could be arrested for “aiding and abetting” her husband in attempting to shoot the 58-year-old man, who is now a suspect after killing her husband.
The incident, which resulted in the death of 48-year-old Faisal ul Rehman and left his wife, Tehseen, in a critical condition, reportedly began with a minor bumper-bashing and a dispute over overtaking on Barry Hertzog Avenue on Sunday afternoon.
According to police, during the verbal argument between the two drivers, Rehman's wife allegedly retrieved a firearm from their vehicle, which led the suspect to draw his own weapon, leading to the shooting of Rehman and Tehseen.
Rehman was declared dead on the scene, while Tehseen was taken to the hospital.
The National Prosecuting Authority (NPA) on Tuesday said that there was insufficient evidence to proceed with the case at this stage. The case may be re-enrolled once further investigations are completed by the police.
Hoffman said that although this is a difficult case, it could have been the other way around if the suspect had not been armed.
“She was arming someone who was in a fight, and if the person who was intruding had not been armed, it might have been the other way around, and the husband would have been accused of murdering the man who is now the suspect in the case.
“If she is arming a person who is in a fight with somebody who is unarmed, which is what she knew at that time (I don’t think she would have pulled a gun if she knew that the man she was fighting with her husband had a gun), she would be guilty of aiding and abetting her husband to shoot the suspect,” he said, adding that he understood why the NPA did not jump to any conclusion as the suspect could have acted in self-defence.
Asked if this was possible, Gauteng police spokesperson Colonel Dimakatso Nevhuhulwi said investigations are ongoing, adding that police will communicate updates as they arise.
Meanwhile, the founder of Arrive Alive, Advocate Johan Jonck, said that even though there is no specific law concerning road rage, this case falls under normal common law crime, which includes assault, attempted murder, and murder.
He said the court will have to look at whether there was self-defence and whether the suspect acted reasonably.
“It has to look at what his intention was and if he really felt that his life was in danger in order to establish if there was an intention for murder, which is a normal criminal procedure,” he said.
Non-profit organisation Gun Free South Africa (GFSA), said the legal standards governing firearm use remain strict, including on the road.
The organisation’s executive director, Dr Stanley Maphosa, said that although Section 13 provides for licensing a firearm for self-defence, it does not create a blanket right to introduce a firearm into conflict.
“Lawful use still turns on narrow principles of immediate threat, necessity and proportionality. We would also draw attention to Section 120, which addresses negligent and reckless conduct involving firearms, including conduct that may endanger others in public spaces. Roads are shared public spaces. That matters,” Maphosa said.
He added that the issue is not only whether a gun is legal or illegal, or whether an owner is ordinarily law-abiding. It is whether a lethal tool is being introduced into conditions where emotions are heightened, judgment is impaired, control may be compromised, and public risk expands rapidly.
The Motor Industry Staff Association (MISA) said road rage is not only a criminal justice issue but a societal challenge that requires collective responsibility. The union said motorists must remember that every journey carries risks, and a moment of anger can destroy lives forever.
“We call on all motorists to exercise restraint and never allow anger to dictate their actions. A minor collision or insult should never escalate into violence. South Africa cannot afford to lose more lives to road rage. Let us commit to protecting one another on our roads, for the sake of our families and our children,” said Martle Keyter, MISA’s chief executive officer for operations.