CRIMINAL LAW DEFENCES AND THE RIGHT TO LIFE IN THE NEW CONSTITUTION Geoffrey Feltoe This article explores the status of defences to criminal liability for causing the death of another person in the light of the nature of the right to life guarantee in section 48 of the 2013 Constitution.1 Defences in Criminal (Codification and Reform) Act [Chapter 9:13] The Criminal Law (Codification and Reform) Act [Chapter 9:13] (“the Criminal Law Code”) provides that where stringent requirements are met a person has a defence to criminal liability where he or she causes the death of another— acting in self-defence; [s 253] acting in defence of a third party; acting in defence of property; [s 258] acting under necessity where he or she has been threatened that he or she will be killed unless he or she kills the other person. [s 264] acting under lawful superior orders [s 268]. Defence in the Criminal Procedure and Evidence Act [Chapter 9:07] 42 Resisting arrest (1) If any person who is authorized or required under this Act or any other enactment to arrest or assist in arresting another person attempts to make the arrest and the person whose arrest is attempted— (a) resists the attempt and cannot be arrested without the use of force; or (b) flees when it is clear that an attempt to arrest him is being made or resists the attempt and flees; the person attempting the arrest may, in order to effect the arrest, use such force as is reasonably justifiable in the circumstances of the case to overcome the resistance or to prevent the person 1 Constitution of Zimbabwe (Amendment Act 20) of 2013 (“2013 Constitution”)