EMMARENTIA – Zawar Faisal Ul Rehman’s two children, who witnessed their father’s killing in an alleged road rage shooting, are “holding on strong” as their mother battles life-threatening injuries in hospital. More than 100 people attended a prayer service for Zawar Faisal Ul Rehman, who was killed in an alleged road rage shooting in Emmarentia, Johannesburg, on Sunday. Ul Rehman’s body will be repatriated to Pakistan.
One notably absent face was Ul Rehman’s 8-year-old son, who, in a video circulating on social media, ran to his dying father as he lay in the street after the shooting. However, Ul Rehman’s nephew, Muhammad Wasi Haider, told News24 that the boy and his 10-year-old sister were “holding on strong”. “[The son] came to where we bathed and dressed the body. They took a picture afterwards.” Haider said 48-year-old Ul Rehman was a very good father. “They struggled to have a family, and then God finally gave him one, and now he’s not even here for it.”
Haider’s fear lies in what happens next. “The children’s mother was injured in the shooting and is still recovering in the hospital. She cannot breathe without an oxygen mask. There's still internal bleeding, and the doctors are working to deal with that. But the children do not deserve this. I had to tell her she has to be strong for her children because if she dies now, then who will stay for them? It was just her and Faisal.”
Meanwhile, the 58-year-old shooter was arrested; but on Tuesday, the National Prosecuting Authority (NPA) said it would not enrol the case, pending further investigation. NPA spokesperson Magaboke Mohlatlole said: "This decision follows a thorough assessment of the evidence currently before the prosecution. It was determined that further investigations are required to ensure that all relevant facts are properly canvassed before a decision to prosecute can be made." TimesLIVE reported that in an affidavit submitted by the shooter, he claimed self-defence.
In the affidavit, he said the trouble started when he hooted at the driver whose erratic driving nearly caused a crash. He claimed that instead of backing off, the man retaliated, swerving and braking aggressively before colliding with his vehicle. According to the publication, the shooter claimed he was verbally abused, punched and dragged to the ground during an altercation with the man and his wife. The police said the wife allegedly retrieved a firearm from their vehicle. In his affidavit, the shooter alleged that the deceased took the gun from her and aimed it at him. “I held a reasonable apprehension… that he was about to… discharge his firearm with the intention of harming or killing me.” The shooter’s affidavit stated that he drew his own weapon – a Glock 27 – and fired three to four shots that killed Ul Rehman.
Silence fell on the crowd at the West Park Cemetery on Tuesday as the hearse arrived with Ul Rehman’s body, which is set to be repatriated to Pakistan for an official burial. When the body was removed from the hearse, the mourners began channelling their pain into prayers.
Haider described his uncle as a very religious man who contributed to the building of his local mosque. He said he was always willing to help those in need. He added that since Ul Rehman arrived in South Africa in 1992, he had been supporting 15 families back home in Pakistan.
Defence attorney Ulrich Roux said: “The NPA has declined to prosecute – not because they’re being ‘toothless’, but because they need to build a sound case,” he said, adding that this was a responsible decision, not a failure of justice. According to Roux, if the video shows the deceased with a gun in his hand, pointing it at the suspect and walking towards him, there’s a serious claim of self-defence.
Self-defence requires three key elements: Imminent danger – The person must demonstrate that their life or someone else’s life was in genuine danger. Necessary action – They took only the necessary means to protect themselves from that specific danger. Proportionality – The defensive action must be proportional to the threat faced.
“The critical legal question is: Was the shooter’s life actually in danger at the moment he fired?” Roux said. “It’s definitely not a case of the suspect never going to be prosecuted and being free to walk away,” Roux said. “It’s more a case of the NPA taking their time to ensure they have all the relevant evidence before making an informed decision.”
