138 | Zimbabwe Rule of Law Journal used must be reasonably justifiable and proportionate in the circumstances to overcome the resistance to the arrest or to prevent the escape. The person attempting the arrest is only justified in using force if the person being arrested has committed, is committing or was suspected to have committed a First Schedule offence and the person attempting the offence believes on reasonable grounds that— the force is immediately necessary to protect the person trying to arrest from immediate death or grievous bodily harm; or if the arrest is delayed there is a substantial risk that the suspect will cause imminent or future death or grievous bodily; or the offence for which the arrest is sought is in progress and is of a forcible and serious nature and involves the use of life-threatening violence or a strong likelihood that it will cause grievous bodily harm. Commendable though this provision is restricting the use of lethal force, the problem still exists that section 48 of the Constitution does not explicitly provide for this exception to the right to life. Other Constitutional Provision Until there is a constitutional amendment to provide explicitly for these defences the courts could possibly have resort to section 327(6) of the 2013 Constitution which provides as follows: (6) When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with any international convention, treaty or agreement which is binding on Zimbabwe, in preference to an alternative interpretation inconsistent with that convention, treaty or agreement. It is, however, questionable whether this provision can be used to read into the section 48 provisions