Should provocation be a partial defence to intentional killing of an adulterous spouse?

Abstract

During interaction in society, people often provoke others by their conduct or their words. There would be chaos and disorder in the society if people responded with violence when subjected to every minor provocation they may encounter. The underlying policy in relation to this defence is therefore that, generally, the law expects people to exercise restraint and self-control when provoked and to refrain from engaging in violence against the provokers. The defence of provocation is thus a limited defence in Zimbabwe. For crimes other than murder, provocation does not operate as a defence but can only be a mitigatory factor. For murder, provocation will at most be a partial defence. Section 239 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] codified the common law two stage approach to provocation as a defence to a charge of murder.