In criminal law, self-defence is a recognised legal defence that allows a person to use reasonable force to protect themselves from harm. However, this defence is not absolute and is subject to strict legal requirements, especially under Zambian law. One critical consideration in determining whether self-defence is legally justified is whether the person claiming it had an opportunity to escape or avoid the confrontation altogether.
Legal Basis of Self-Defence in Zambia
The Penal Code Act, Chapter 87 of the Laws of Zambia, provides that a person is not criminally responsible for using force to protect themselves, their property, or others from unlawful violence. However, the use of such force must be both reasonable and necessary in the circumstances. If a person exceeds what is considered reasonable, they may be criminally liable for assault, manslaughter, or even murder.
The Duty to Retreat
An important principle under Zambian criminal law is the duty to retreat where possible. If a person is faced with a threat to their life or safety, and it is reasonably possible for them to escape the situation without using deadly force, they are expected to do so. The courts are likely to view the use of deadly force as unjustified if the person had a clear and safe opportunity to flee the danger.
Why Running is Often the Best Legal Choice
If your life is threatened, the safest and most legally sound option is to run away and report the matter to law enforcement authorities. Fighting back may escalate the situation, potentially leading to greater harm or even death. More importantly, if you end up killing the attacker, and the prosecution can prove that you had a viable opportunity to escape but chose not to, you may lose the legal protection of self-defence.
In such a case, the killing could be classified as manslaughter or murder, depending on the circumstances. Furthermore, if it is found that you used more force than necessary, the courts may view your actions as excessive or retaliatory rather than defensive.
The Risk of Getting Killed
Aside from legal consequences, choosing to fight back in a life-threatening situation increases the physical risk to yourself. Your assailant may overpower or outmaneuver you, leading to serious injury or death. In many cases, the best way to preserve your life and stay on the right side of the law is to escape and call for help.
Conclusion
Self-defence is a valid legal right in Zambia, but it comes with limitations. The law does not encourage people to resort to violence when there is a chance to escape. In life-threatening situations, the best option is often to run and report the threat to the police. This approach not only increases your chances of survival but also protects you from serious legal consequences.