Constitution_Of_Botswana.TXT
(3) For the purposes of this section, the expression "forced labour" does
not include(a)
any labour required in consequence of the sentence or order of a
court;
(b)
labour required of any person while he or she is lawfully detained
that, though not required in consequence of the sentence or order of a court, is
reasonably necessary in the interests of hygiene or for the maintenance of the place
at which he or she is detained;
(c)
any labour required of a member of a disciplined force in pursuance
of his or her duties as such or, in the case of a person who has conscientious
objections to service as a member of a naval, military or air force, any labour that
that person is required by law to perform in place of such service;
(d)
any labour required during any period of public emergency or in the
event of any other emergency or calamity that threatens the life and well-being of
the community, to the extent that the requiring of such labour is reasonably
justifiable in the circumstances of any situation arising or existing during that
period or as a result of that other emergency or calamity, for the purpose of
dealing with that situation; or
(e)
any labour reasonably required as part of reasonable and normal
communal or other civic obligations.
[Ch0000s7] 7.
Protection from inhuman treatment
(1) No person shall be subjected to torture or to inhuman or degrading
punishment or other treatment.
(2) Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the extent that
the law in question authorizes the infliction of any description of punishment that
was lawful in the country immediately before the coming into operation of this
Constitution.
[Ch0000s8] 8.
Protection from deprivation of property
(1) No property of any description shall be compulsorily taken possession
of, and no interest in or right over property of any description shall be
compulsorily acquired, except where the following conditions are satisfied, that is
to say(a)
the taking of possession or acquisition is necessary or expedient(i)
in the interests of defence, public safety, public order,
public morality, public health, town and country planning or land settlement;
(ii)
in order to secure the development or utilization of that,
or other, property for a purpose beneficial to the community; or
(iii)
in order to secure the development or utilization of the
mineral resources of Botswana; and
(b)
provision is made by a law applicable to that taking of possession
or acquisition(i)
for the prompt payment of adequate compensation; and
(ii)
securing to any person having an interest in or right over
the property a right of access to the High Court, either direct or on appeal from
any other authority, for the determination of his or her interest or right, the
legality of the taking of possession or acquisition of the property, interest or
right, and the amount of any compensation to which he or she is entitled, and for
the purpose of obtaining prompt payment of that compensation.
(2) No person who is entitled to compensation under this section shall be
prevented from remitting, within a reasonable time after he or she has received any
amount of that compensation, the whole of that amount (free from any deduction,
charge or tax made or levied in respect of its remission) to any country of his or
her choice outside Botswana.
(3) Subsection (1)(b)(i) of this section shall be deemed to be satisfied in
relation to any 30 of 1969 Law applicable to the taking of possession of minerals or
the acquisition of rights to minerals if that law makes provision for the payment at
reasonable intervals of adequate royalties.
(4) Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of subsection (2) of this section
to the extent that the law in question authorizes(a)
the attachment, by order of a court, of any amount of compensation
to which a person is entitled in satisfaction of the judgment of a court or pending
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