Zimbabwe Rule of Law Journal |133 By contrast the 2013 Constitution has no explicit provisions setting out the circumstances in which killing will be regarded as lawful and therefore not in violation of the right to life. This appears to be a serious oversight on the part of the drafters of the Constitution. Section 48 reads as follows— 48 Right to life (1) Every person has the right to life. (2) A law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and— (a) the law must permit the court a discretion whether or not to impose the penalty; (b) the penalty may be carried out only in accordance with a final judgment of a competent court; (c) the penalty must not be imposed on a person— (i) who was less than twenty-one years old when the offence was committed; or (ii) who is more than seventy years old; (d) the penalty must not be imposed or carried out on a woman; and (e) the person sentenced must have a right to seek pardon or commutation of the penalty from the President. (3) ... Under the 2013 Constitution the permissible limitations on rights and freedoms in the Bill of rights are contained in section 86, the relevant portions of which are set out below - 86 Limitation of rights and freedoms (1)The fundamental rights and freedoms set out in this Chapter must be exercised reasonably and with due regard for the rights and freedoms of other persons. ... (3) No law may limit the following rights enshrined in this Chapter, and no person may violate them— (a) the right to life, except to the extent specified in section 48; ...

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