49
(c) the right not to be tortured or subjected to cruel, inhuman or degrading punishment or
treatment;
(d) the right not to be placed in slavery or servitude;
(e) the right to a fair trial;
(f) the right to obtain an order of habeas corpus as provided in section 4.7(7)(a).
4.44 Limitations during public emergency
(1) In addition to the limitations permitted by section 4.43, the fundamental rights and
freedoms set out in this Chapter may be further limited by a written law providing for measures
to deal with situations arising during a period of public emergency, but only to the extent
permitted by this section and the Second Schedule.
(2) A written law referred to in subsection (1) and any legislative measures taken under that
law, must be published in the Gazette.
(3) Any limitation which a written law referred to in subsection (1) imposes on a
fundamental right or freedom set out in this Chapter must not be greater than is strictly required
by the emergency.
(4) No law that provides for a declaration of a state of emergency, and no legislative or
other measure taken in consequence of such a declaration, may—
(a) indemnify or permit or authorise an indemnity for the State or any institution or
agency of the government at any level, or any other person, in respect of any unlawful
act; or
(b) limit, or permit or authorise the violation of, any of the rights referred to in section
4.43(3).
Select target paragraph3
Add to table of contents