Robbery vs. burglary – what’s the difference?

Robbery and burglary are used interchangeably but they have different meanings in law

Have you ever had a break-in or home invasion? If so, you’re one of more than 1.1 million households that experienced housebreaking incidents in the 2022/23 period, according to Stats SA. But did you experience a robbery or a burglary? These terms are often used interchangeably but in law they have distinct definitions. If you have had the misfortune to be the victim of this type of crime, we sincerely hope it was a burglary and not a robbery. The former is often called a break-in and the latter a home invasion, but these are not legal terms. We describe the difference and explain why reporting crime is so important.

What is house burglary?

House burglary, the most commonly reported crime in South Africa, occurs when someone enters a residence without permission with the intent to commit a crime – usually theft. Unauthorised entry constitutes “house burglary”. News reports and community WhatsApp groups abound with tales of burglars breaking a window or otherwise forcing entry into a home. When the occupant returns they find their valuables gone (and their home in complete disarray – most burglars don’t bother to tidy up after ransacking your drawers for your jewellery!).

What is house robbery?

House robbery is a more serious crime and is the second most common type of crime in South Africa. Robbery encompasses both the unauthorised entry (with the intent to commit a crime such as theft) and the use of force, intimidation, or violence against the occupants. The stolen items do not need to have monetary value for the incident to be considered a home robbery, nor do the perpetrators have to be successful in their attempt. The defining characteristic is the use of violence or the threat of violence against the occupants. For this reason house robbery is a more traumatic and emotionally distressing experience for the victims.

Nuisance vs. threat to life

Burglary is infuriating and a nuisance. Insurance claims must be made; items must be replaced; a mess must be cleaned up. Many people experience a disquieting sense of violation, knowing someone has been in their home in the occupants’ absence. But there is also frequently a sense of relief: “thank goodness we weren’t at home”. By contrast, being the victim of a robbery can be a terrifying experience, often leaving its mark for years to come. One Joburg family experienced a violent home invasion when two daughters were teenagers and the mother was pregnant. They were all tied up and the father was pistol whipped. The daughters refused to stay in the house after the incident. They have since emigrated to New Zealand, their faith in South African society completely destroyed. If you are the victim of a robbery, follow-up support and counselling are vital components of the recovery process. SAPS offers a victim support service.

Key distinctions

The critical difference between burglary and robbery is the use of force or violence against the occupants. Physical harm or the threat of harm categorises the offence as house robbery.

While house burglary centres on the intent to commit a crime – usually theft but not defined exclusively as such – after unlawful entry, it does not involve force against occupants. House burglary can take place whether the house is occupied or not, whereas house robbery specifically involves face-to face confrontation with the occupants.

Understand the offences

Why does knowing the difference matter? In South African criminal law, both house burglary and house robbery carry substantial consequences. Your understanding of the distinction could prove valuable when reporting an incident or seeking legal guidance. However, it is not your job to determine which offence has been committed. That is the job of the police and the judicial system. The key point is: if you experience either house burglary or house robbery, report it immediately. Prompt communication and cooperation with the authorities will increase the chances of apprehending the perpetrators. The percentage of households reporting incidents of housebreaking to the police decreased from 59.2% in 2021/22 to 51.4% in 2022/23. These figures come from the

Why report an incident?

If housebreaking incidents are not reported, SAPS does not have an accurate picture of the patterns of crime in a community. Reporting crime helps assists SAPS and private security companies target crime hotspots with more surveillance and ultimately make more arrests. Prompt reporting is also vital for getting evidence such as fingerprints. If you delay opening the case, fingerprints will be wiped away by household cleaning or overlaid with your family’s prints, making it impossible to identify the perpetrator even if they are on the SAPS database. You also may need a case number for any insurance claim. Even if it is not a condition of the claim, it will certainly speed up the process.

Security measures to keep you safe

Hopefully, it won’t take a burglary or robbery to motivate you to secure your home. Prevention is better than cure. Know how to safeguard your haven against potential intruders. Consider these measures:

• Secure your doors and windows
• Upgrade your door locks
• Install a home security system with a reputable provider
• Install outdoor lighting. Motion-sensitive and day/night sensors are particularly effective. A well-lit environment has been shown to be a major deterrent to crime
• Make it look like someone is home. Consider timers for certain lights when you go away
• Protect your valuables in a safe, including important documents like passports – they have a high value on the black market and replacing a passport is time-consuming and inconvenient, particularly if it contains important visas

We’re here to help

If you’re the victim of a crime, whether robbery, burglary, or other type of theft, it may feel like you have lost control. Helplessness and impotence are very common emotional responses to serious crime. When you report the crime to the police, you regain (some of) your control. It also helps to share the details of your incident on your local community WhatsApp or Facebook group and with your private security company. This helps others stay alert and may prevent a further incident. It can provide you with support from neighbours, and it builds community cohesion. Apartment block occupants and residents of a suburban neighbourhood often come together after a crime to strengthen communal defences and increase vigilance over each other.

Your local SAPS station should be your first port of call following a crime. But if you need further legal advice and support, or if you feel unable or unwilling to go to the police on your own, SD Law is here to help. We will also assist you to report any other type of crime you may have suffered. For more information contact Simon on 086 099 5146 or email simon@sdlaw.co.za to discuss your case in complete confidence.

Further reading:

Crime stats – what do they mean?

SD Law

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