1 Introduction The judgment of Steyn HR in Ex Parte the Ministry of Justice: In re S v Van Wyk 1967 1 SA 488 (A) is ripe for review by the South Constitutional Court African. An act, also called actus reus, is an illegal human act consistent with the Ius Certum principle. The crime is defined in clear and unambiguous terms.1 1 Emergency Emergency is defined as a person being the victim of an unlawful attack against their person, property or other recognized legal interest (also the interest of a third party) can immediately use reasonable and necessary force against the attacker to repel the attack. Any damage suffered by the attacker during an emergency response is not illegal. 1 2 Conditions required for successful emergency response a) The attack must be illegal. This means that it must be humane and must not be justified. b) The attack must be directed against a legitimate interest. E.g. life, property, physical integrity, sexual integrity, human dignity and personal freedom. c) The attack must be imminent, that is, it must have already started. It is important to know which part of the law the case falls under. because the facts of this part of the law must be applied to the facts of the case.1 3 Facts of the Case Van Wyk's property, the store, is located in Musina in an isolated location in an undeveloped area. Nearby are a carport and a “Cabin Roadhouse”. There were repeated intrusions. The thefts hurt Van Wyk financially. It had failed with other previous security methods. He installed burglar bars on the windows and replaced the windows with thick glass. It has...... middle of paper...... property protection may still be excusable, provided a reasonable person would act in the same way. It would therefore be preferable to use the meteorological emergency category as a category. excuse rather than classifying a justification. Killing someone in defense of property is illegal, but in exceptional cases it may be excusable. 30R V Attwood 1946 AD 331R v Britz 1949 (3) SA 293R v Oosthuizen 1961 (1) SA 604S v Mnanzana 1966 (3) SA 38Books: Burchell, J.2013. Principles of criminal law. de Wet & Swanepoel, SA Criminal Law, 2nd edition., p.67-68, SA Criminal Law and Procedure, 6th edition., p. 112, 1549-1550. Rerum Crim., 1.32.5 Journal: Unreasonable Conduct and Misconduct in Criminal Law (1996)