JOHANNESBURG – The 58-year-old man at the centre of the fatal Emmarentia road rage shooting has broken his silence, claiming in a sworn warning statement that the victim’s wife fired the first shot and later attempted to execute him as her husband lay dying on the pavement. The explosive claims, supported by a detailed video timeline, suggest that the confrontation was a "clear case of private defence" sparked by the introduction of a firearm by the deceased’s companion.
The National Prosecuting Authority (NPA) confirmed on Tuesday that it has declined to enrol the case for now, citing "insufficient evidence" to proceed with murder and attempted murder charges. The decision follows the submission of a comprehensive defence docket by the shooter, a qualified firearms instructor, who argues that he had "no reasonable alternative" but to use lethal force to protect his own life and that of his wife.
The incident, which occurred around midday on Sunday on Barry Hertzog Drive, claimed the life of 48-year-old Zawar Faisal ul Rehman. His wife, Tehseen, remains hospitalised after being struck by gunfire during the altercation. While the nation was gripped by viral footage of the aftermath—including the couple’s young son desperately performing chest compressions on his father—the shooter’s statement paints a far more complex picture of the events leading up to the tragedy.
According to the shooter’s statement, the conflict began when ul Rehman’s Volkswagen Passat began driving aggressively near his Nissan Micra, creating a "real risk of collision." The man claims that sounding his hooter to alert the other driver acted as a trigger. “The deceased thereafter reacted adversely and proceeded to drive in an aggressive manner, repeatedly moving into my lane and braking abruptly,” the statement reads.
After a minor collision, both vehicles pulled over near a bus stop opposite a Checkers. The shooter alleges that ul Rehman approached his vehicle shouting insults. When the man exited to exchange insurance details, he claims ul Rehman’s wife joined the fray, "escalating the situation by persistently shouting… and engaging in sustained verbal abuse."
The verbal spat allegedly turned physical after the shooter told Tehseen to "shut up." He claims ul Rehman struck him in the face, leading to a scuffle during which Tehseen purportedly pulled him to the ground, causing an injury to his forehead. While bystanders intervened to restrain the two men, the shooter says he did not notice Tehseen returning to their vehicle.
The defence’s analysed video timeline marks the 18-second point as the moment of no return. The shooter claims Tehseen emerged from the Passat armed with what appeared to be a black Glock 17. “The female passenger was in possession of a firearm, which she pointed in my direction and discharged,” he alleged.
The statement further details a harrowing sequence where Tehseen was intercepted by a bystander in a red T-shirt, at which point she allegedly handed the weapon to her husband. Ul Rehman, who was struggling to his feet, reportedly "racked the slide" and attempted to fire at the shooter. A witness reportedly pulled ul Rehman’s shoulders at the moment of discharge, causing the bullet to miss its mark.
“The deceased then advanced approximately three steps towards me in an aggressive manner,” the shooter stated. “I held a reasonable apprehension… that he was about to again discharge his firearm with the intention of harming or killing me.” It was at this point that the man drew his own Glock 27 and fired three to four rounds, causing ul Rehman to collapse.
In perhaps the most shocking claim, the shooter alleges that after her husband fell, Tehseen ran to the dropped gun, picked it up, and again pointed it at him. “I again discharged my firearm in her direction, striking her in the lower arm,” he said, adding that he only stopped when he believed the threat had been "neutralised."
The shooter’s lawyer, Mohammed Yusuf Razak, told News24 that his client remained at the scene, summoned emergency services, and even attempted to assist the wounded ul Rehman by instructing bystanders on how to apply pressure to his wounds. “Although we are sympathetic towards the deceased’s family, it is unfortunate that the situation unfolded in the manner in which it unfolded,” Razak said.
The Parkview Community Policing Forum (CPF), which responded to the "highly volatile" scene, confirmed that multiple pieces of footage from various networks and residents have been shared with the police. CPF chairperson Bianca Albertini noted that critical aspects, including ballistic and forensic analysis, remain under investigation.
As the ul Rehman family prepares to bury Faisal in Pakistan this Friday, the legal battle in Johannesburg is just beginning. The NPA’s decision not to enrol the matter is not final, but for now, the firearms instructor who walked away from Barry Hertzog Avenue alive maintains that he is a victim of a road rage incident that he did not start, but was forced to end.
