Constitution_Of_Botswana.TXT
the determination of civil proceedings to which he or she is a party; or
(b)
the imposition of reasonable restrictions on the manner in which any
amount of compensation is to be remitted.
(5) Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of subsection (1) of this section(a)
to the extent that the law in question makes provision for the
taking of possession or acquisition of any property(i)
in satisfaction of any tax, rate or due;
(ii)
by way of penalty for breach of the law whether under civil
process or after conviction of a criminal offence under the law in force in
Botswana;
(iii)
as an incident of a lease, tenancy, mortgage, charge, bill
of sale, pledge or contract;
(iv)
in the execution of judgments or orders of a court in
proceedings for the determination of civil rights or obligations;
(v)
in circumstances where it is reasonably necessary to do so
because the property is in a dangerous state or injurious to the health of human
beings, animals or plants;
(vi)
in consequence of any law with respect to the limitation of
actions; or
(vii)
for so long only as may be necessary for the purposes of any
examination, investigation, trial or inquiry or, in the case of land, for the
purposes of the carrying out thereon of work of soil conservation or the
conservation of other natural resources or work relating to agricultural development
or improvement (being work relating to such development or improvement that the
owner or occupier of the land has been required, and has without reasonable excuse
refused or failed, to carry out),
and except so far as that provision or, as the case may be, the
thing done under the authority thereof is shown not to be reasonably justifiable in
a democratic society; or
(b)
to the extent that the law in question makes provision for the
taking of possession or acquisition of(i)
enemy property;
(ii)
property of a deceased person, a person of unsound mind, a
person who has not attained the age of 21 years, a prodigal, or a person who is
absent from Botswana, for the purpose of its administration for the benefit of the
persons entitled to the beneficial interest therein;
(iii)
property of a person declared to be insolvent or a body
corporate in liquidation, for the purpose of its administration for the benefit of
the creditors of the insolvent or body corporate and, subject thereto, for the
benefit of other persons entitled to the beneficial interest in the property; or
(iv)
property subject to a trust, for the purpose of vesting the
property in persons appointed as trustees under the instrument creating the trust or
by a court, or by order of a court, for the purpose of giving effect to the trust.
(6) Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of subsection (1) of this section
to the extent that the law in question makes provision for the compulsory taking of
possession in the public interest of any property, or the compulsory acquisition in
the public interest in or right over property, where that property, interest or
right is held by a body corporate established by law for public purposes in which no
moneys have been invested other than moneys provided by Parliament.
[Ch0000s9] 9.
Protection for privacy of home and other property
(1) Except with his or her own consent, no person shall be subjected to the
search of his or her person or his or her property or the entry by others on his or
her premises.
(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 makes provision(a)
that is reasonably required in the interests of defence, public
safety, public order, public morality, public health, town and country planning, the
development and utilization of mineral resources, for the purpose of any census or
in order to secure the development or utilization of any property for a purpose
beneficial to the community;
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