Individual Freedoms & State Security in the African Context: The Case of Zimbabwe

By John Hatchard | Go to book overview

APPENDIX
I

Constitution of Zimbabwe:
Chapter 3

The Declaration of Rights
11. Whereas every person in Zimbabwe is entitled to the fundamental rights and freedoms of the individual, that is to say, the right whatever his race, tribe; place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following namely:
a. life, liberty, security of the person and the protection of the law;
b. freedom of conscience, of expression and of assembly and association; and
c. protection for the privacy of his home and other property and from the compulsory acquisition of property without compensation;
and whereas it is the duty of every person to respect and abide by the Constitution and the laws of Zimbabwe, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained herein, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.12. (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 sub-section (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. (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the cases specified in sub-section (2).(2) The cases referred to in sub-section (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

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