I need help on how to handle a situatio...

Asked by Nandus on 18-03-2021 11:18:53
Question posted in the Criminal Law category relating to Gauteng

 I need help on how to handle a situation where a former friend was in my house, an argument insued that led to me losing my temper and becoming physical through a chokehold that lasted 10 seconds. I moved away and sybsequently the friend took a craft knife from the table and threatened to stab me if i dont transfer R6000 yo him. I did this. 3 days later he threatened me with the police and a bogus retelling of events and requested 1900 for a watch that was damaged. I paid the amount stating that i dont admit fault with payment and he agreed the matter settled. Today he is threatening with police action if i dont pay 3050 for his medical expenses. I am afraid for my life and dont know how to stop it.He is threatening to come to my house and make a scene and to bring the police. What should i do as he is whatsapping these demands

Further information relating to Question:

This is urgent as he is threatening to come today. I am convinced that he is making empty threats. He is Nigerian, his recounting of the event is scewed and false. I can not believe that the police would assist in extortion

Information provided by client

Please hurry

Information Requested by Lawyer

Posted by Att. Patrick on 18-03-2021 12:22:48

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Do you mind if I take a moment to review your question? I will come back to you shortly!

Att. Patrick

Information provided by client

This man is threatening to come to my house at 1pm today. What do i do? Its clearly extortion

Answer to the Question

Posted by Att. Patrick on 18-03-2021 12:30:00

O my gosh, that's quite a story. I'm sorry that it is happening to you.

It is clear to me that your friend is trying to get as much money out of you as possible. He realised that you agreed to pay him the R6000 because you were scared that the SAPS would get involved, so he came back for more money, and now he is coming back for even more money!

If you pay, the risk that you run is that he will just continue to come back time and time again looking for more money. Each time, he will threaten you with the SAPS. 

You need to put a stop to this now.

I think that you must tell him, in writing, on WhatsApp, that you are not going to be paying him another cent and make it clear that your initial payment of R6000 was made to him in full and final settlement of the argument, as well as any medical expenses that he might have had as a result. 

You can tell him that if he bring the SAPS around, you will lay a counter-charge against him for assault because he threatened to stab you with a knife, and also intimidation and extortion (the practice of obtaining something, especially money, through force or threats) because he is continuing to threathen you for money. You can tell him that the SAPS will take your complaint of assault, intimidation and extortion much more seriously than his complaint, especially since you've got proof that you've paid the money to him!

If you look weak, he will continue to make your life difficult. You need to stand up for your rights and take your power back. Tell him to bring the SAPS, you will defend your actions and lay counter charges against him.

Maybe what you should be doing now is to go to SAPS and actually lay the charges now, so if he does go to SAPS (which I doubt he will) then you've already opened a case against him!

If it looks like the SAPS is assisting in his extortion case, you need to tell the SAPS that you want to speak to the station commander and that you will lay a complaint against the SAPS with IPID.

Information provided by client

Thank you, i dont have all his details to lay a charge does that matter? And honestly im not sure what he is capable of

Answer to the Question

Posted by Att. Patrick on 18-03-2021 13:15:32

Surely you have his name and perhaps cell phone number?! The important thing (if you want to lay a charge) is that you at least make a statement to SAPS about the incident, and how this guy threatened you!

Stay safe!

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