What is private defence in the law of delict and when is private defence
against attacks justifiable. refers to relevent legislation
Private defence, also known as self-defence, is a legal concept in the law of delict that allows individuals to protect themselves or others from harm. This concept is enshrined in common law and is also codified in legislation, such as the Criminal Law (Codification and Reform) Act of 2004 in Zimbabwe.
Private defence is considered justifiable in the following circumstances:
1. The attack must be unlawful: The person using private defence must be responding to an unlawful attack, such as an assault, burglary, or robbery.
2. The threat must be imminent: Private defence is only justifiable when the threat is immediate and ongoing. It is not permissible to use private defence in response to a past threat or when the threat has ceased.
3. Proportionality: The use of force in private defence must be proportionate to the threat faced. Excessive force may result in the person using private defence being held liable for their actions.
4. No alternative means of defence: Private defence is generally justifiable when there are no other reasonable means of protecting oneself or others from harm.
Overall, private defence is a fundamental right in the law of delict that allows individuals to protect themselves from harm in certain circumstances. It is important for individuals to understand the legal requirements for private defence and to exercise this right responsibly.