(i)
makes provision for the payment of the amount for which the
property is to be compulsorily taken possession of, together with
interest at the legal rate in equal yearly instalments, within a period
not exceeding 10 years;
(ii)
fixes the amount for which the property is to be compulsorily taken
possession of or acquired or makes provision for the determination
of that amount in accordance with such principles as may be
prescribed.
Amended by [Act No. 14 of 1983]
(4A) (a)
(b)
Notwithstanding subsection (1)(c), section 17 or any other provision of the
Constitution, no law relating to the compulsory acquisition or taking of
possession of any property shall be called in question in any court if it has
been supported at the final voting in the Assembly by the votes of not less
than three quarters of all the members of the Assembly.
No law under paragraph (a) shall be amended or repealed otherwise than
by a Bill which has been supported at the final voting in the Assembly by the
votes of not less than three quarters of all the members of the Assembly.
Amended by [Act No. 14 of 1983]
(5)
Nothing in this section shall affect the making or operation of any law so far as it
provides for the vesting in the State of the ownership of underground water or
unextracted minerals.
Amended by [Act No. 48 of 1991]
(6)
Nothing in this section shall affect the making or operation of any law for the
compulsory taking of possession in the public interest of any property, or the
compulsory acquisition in the public interest of any property, or the compulsory
acquisition in the public interest of any 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 money has been invested other than money provided from
public funds.
Amended by [Act No. 14 of 1983]; [Act No. 33 of 1986]; [Act No. 48 of 1991]
9.
Protection for privacy of home and other property
(1)
Except with his own consent, no person shall be subjected to the search of his
person or his property or the entry by others on his 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 -