CONSTITUTION OF ZIMBABWE as amended at 14th September,2005
[Section as substituted by section 6 of Act No. 14 of 1996 - Amendment No. 14]
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.
13 Protection of right to personal liberty
(1) No person shall be deprived of his personal liberty save as may be authorized
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 authorized 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 Parliament
punishing him for a contempt;
[Paragraph as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(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 Parliament in execution of the order
of Parliament;
[Paragraph as amended by section 26 of Act 31 of 1989 - Amendment No. 9
and by section 9 of Act 15 of 1990 - Amendment No. 10]
(e) upon reasonable suspicion of his having committed, or being about to
commit, a criminal offence;
Reissue
11
14th September, 2005
Select target paragraph3
Add to table of contents