132 | Zimbabwe Rule of Law Journal (b) in terms of subparagraph (iii) of paragraph (a) or subparagraph (i) or (iii) of paragraph (b) of subsection (1), unless the prison officer has reasonable grounds to believe that he or the other prison officer or other person, as the case may be, is in danger of suffering grievous bodily harm. (3) No prison officer shall in the presence of a prison officer senior to himself make use of a weapon in terms of subsection (1), except on the orders of the senior prison officer. (4) The use of weapons in terms of this section shall be, as far as possible, to disable and not to kill. Constitutional provisions on the right to life in pre-2013 Constitution Section 12 of the pre-2013 Constitution explicitly qualified the right to life guarantee by providing that various forms of killing would not be regarded as a violation of the right to life. The full provisions read as follows: 12 Protection of right to life (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted. (2) A person shall not be regarded as having been deprived of his life in contravention of subsection (1) if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable in the circumstances of the case— (a) for the defence of any person from violence or for the defence of property; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) for the purpose of suppressing a riot, insurrection or mutiny or of dispersing an unlawful gathering; or (d) in order to prevent the commission by that person of a criminal offence; or if he dies as the result of a lawful act of war. (3) It shall be sufficient justification for the purposes of subsection (2) in any case to which that subsection applies if it is shown that the force used did not exceed that which might lawfully have been used in the circumstances of that case under the law in force immediately before the appointed day. Provisions in the 2013 Constitution

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