(a)
lawful and procedurally fair administrative action, which is justifiable in relation to
reasons given where his or her rights, freedoms, legitimate expectations or interests are affected or
threatened; and
11 of 2010(b) be furnished with reasons, in writing, for administrative action where his or her
rights, freedoms, legitimate expectations or interests are affected.
[Ch0000s44]44. Limitations on rights
11 of 2010(1) No restrictions or limitations may be placed on the exercise of any rights and
freedoms provided for in this Constitution other than those prescribed by law, which are reasonable,
recognized by international human rights standards and necessary in an open and democratic society.
11 of 2010(2) Laws prescribing restrictions or limitations shall not negate the essential content
of the right or freedom in question, and shall be of general application.
11 of 2010(3) Expropriation of property shall be permissible only when done for public utility
and only when there has been adequate notification and appropriate compensation, provided that there
shall always be a right to appeal to a court of law.
11 of 2010(4) Wherever it is stated in this Constitution that a person has the right to the services
of a legal practitioner or medical practitioner of his or her own choice, that right shall be without
limitation, save where the State is obliged to provide such services of a legal practitioner or medical
practitioner, in which case an Act of Parliament may prescribe that the choice of the legal practitioner or
medical practitioner should be limited to those in Governmentservice or employment.
[Ch0000s45]45. Derogation and public emergency
11 of 2010(1) No derogation from rights contained in this Chapter shall be permissible save to
the extent provided for by this section and no such derogation shall be made unless there has been a
declaration of a state of emergency within the meaning of this section.
11 of 2010(2) There shall be no derogation with regard to—
(a)
the right to life;
(b)
the prohibition of torture and cruel, inhuman or degrading treatment or punishment;
(c)
the prohibition of genocide;
(d)
the prohibition of slavery, the slave trade and slave-like practices;
(e)
the prohibition of imprisonment for failure to meet contractual obligations;
(f)
the prohibition on retrospective criminalization and the retrospective imposition of
greater penalties for criminal acts;