•
•
•
excluded under certain circumstances;
not to be convicted of an offence or omission that was not an offence when it
took place, or is no longer an offence;
not to be tried on a matter which they have been previously pardoned,
acquitted or convicted; and
to be given a copy of the record of trial proceedings within a reasonable time
after paying a reasonable fee.
Property rights
Every person has the right to acquire, hold, occupy, use, transfer, pledge as
collateral, lease or dispose of all forms of property either individually or in
association with others.
Every person has a right not to be forcibly deprived of their property, unless this
happens in terms of a law of general application and in the public interest. Where
property is so acquired, the owner must be given reasonable notice and paid fair
and adequate compensation. The body that acquires the property must apply to
the courts for an order confirming the acquisition within 30 days of acquiring it.
The person whose property is being acquired has the right to challenge the
acquisition or the amount of compensation awarded before a competent court.
However, this right is limited in the case of agricultural land, which is discussed
below.
Right to agricultural land
The State may compulsorily acquire agricultural land for purposes of
agricultural settlement, land reorganisation, forestry, environmental
conservation or the utilisation of wild life or other natural resources or the
relocation of affected people. Once acquired, the land becomes the property of
the State with full title.
No compensation is payable for agricultural land compulsorily acquired under
the Constitution. However, compensation is payable for any improvements
made upon the land before its acquisition.
Compensation for agricultural land compulsorily acquired for settlement is the
responsibility of the former colonial power.
Environmental rights
Every person has the right to:
• an environment that is not harmful to their health or well-being; and
•
to have the environment protected for the benefit of present and future
generations.
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