Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
(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.
13 Protection of right to personal liberty
(1) No person shall be deprived of his personal liberty save as may be
authorised by law in any of the cases specified in subsection (2).
(2) The cases referred to in subsection (1) are where a person is deprived of
his personal liberty as may be authorised by law—
(a) in consequence of his unfitness to plead to a criminal charge or in
execution of the sentence or order of a court, whether in Zimbabwe or
elsewhere, in respect of a criminal offence of which he has been
convicted;
(b) in execution of the order of a court punishing him for contempt of that
court or of another court or tribunal or in execution of the order of the
Senate or the House of Assembly punishing him for a contempt;
[Paragraph as amended by section 26 of Act 31 of 1989 – Amendment No. 9 – and
by section 23 of Act 5 of 2005 – Amendment No. 17]
(c) in execution of the order of a court made in order to secure the fulfilment
of an obligation imposed on him by law;
[Paragraph as amended by section 4 of Act 30 of 1990 – Amendment No. 11]
(d) for the purpose of bringing him before a court in execution of the order of
a court or an officer of a court or before the Senate or the House of
Assembly in execution of the order of the Senate or the House of
Assembly;
[Paragraph as amended by section 26 of Act 31 of 1989 – Amendment No. 9 –
by section 9 of Act 15 of 1990 – Amendment No. 10 – and by section 23 of
Act 5 of 2005 – Amendment No. 17]
(e) upon reasonable suspicion of his having committed, or being about to
commit, a criminal offence;
(f) in execution of the order of a court or with the consent of his parent or
guardian, for the purposes of his education or welfare during a period
beginning before he attains the age of twenty-one years and ending not
later than the date when he attains the age of twenty-three years;
- 13 -
Select target paragraph3
Add to table of contents