(4) The provisions of the Criminal Procedure and Evidence Act [Chapter 9:07] relating to the procedure after
arrest without warrant shall apply in relation to any arrest made by any member of the cantonment police in
pursuance of the powers conferred by this section.
94 Protected areas
(1) The Minister may, by notice in a statutory instrument, declare any area to be a protected area and may by
such notice do any or all the following—
(a) prohibit any class of persons from entering or remaining in such area;
(b) impose on any person or class of persons entering or residing in such area such obligations, conditions
or restrictions as he may think fit as to—
(i) the registration with or reporting to such authority as may be specified in such notice;
(ii) surveying or the making of sketches or taking of photographs in such area;
(iii) the use of possession in such area of any machine, apparatus or other article whatsoever;
(iv) the search of persons, vehicles or property;
(c) impose on any person the obligation to report to an authority referred to in subparagraph (i) of paragraph
(b)—
(i) the presence in any premises in such area occupied by him or under his control of any person or
member of a class of persons referred to in paragraph (a) or (b ) and such other particulars with
respect to any such person as may be specified in such notice;
(ii) the departure of any such person;
(d) exempt all or any of the persons referred to in paragraph (a) or (b) who pass through the area in the
course of a continuous journey from all or any of the obligations, conditions and restrictions so imposed:
Provided that the powers conferred by this subsection shall not include the power to acquire, whether compulsorily or by agreement any Communal Land or any interest in or right over Communal Land, otherwise than in
accordance with the Communal Land Act [Chapter 20:04].
(2) Any person who enters or remains in a protected area in contravention of any notice is sued under subsection (1) or who fails to comply with any obligation, condition or restriction imposed upon him by such notice shall
be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment.
[Subsection amended by s. 4 of Act 22/2001]
PART X
SPECIAL P OWERS IN RELATION TO DEFENCE
95 Commandeering and billeting
(1) Subject to this section, in time of war or at any other time when in the opinion of the Minister there is an
actual or threatened emergency, the Minister may authorize or appoint members of the Defence Forces or the
Public Service by requisition—
(a) to obtain and take possession of buildings and other premises, supplies of foodstuffs, vehicles, aircraft,
boats and any other article or thing whatsoever necessary for the maintenance in the field of the Defence
Forces and of any other Military Forces or of any portion of such Forces; or
(b) to provide for the billeting of such Forces;
subject to such terms and conditions as may be prescribed.
(2) A requisition in terms of subsection (1) shall be served in the manner prescribed on any person owning or
possessing the property affected and any such person may, if he objects to the requisitioning of the property,
notify the Minister accordingly.
(3) Where the Minister is notified in terms of subsection (2), he shall, within thirty days thereafter, apply to
the Administrative Court for a determination of his entitlement to issue the requisition in terms of subsection (1)
and on such application the Administrative Court shall, unless it is satisfied that the issue of the requisition is
reasonable, in the circumstances of the situation existing, for the purposes of dealing with that situation, order the
Minister to return the property wherever possible or, in the case of a requisition in terms of paragraph ( b) of
subsection (1), cancel the requisition.
(4) When the possession of property taken possession of under a requisition in terms of subsection (1) is no
longer reasonably justifiable as referred to in subsection (3), the property shall, wherever possible, be promptly
returned in the condition in which it was at the time of such taking of possession.
(5) The Minister shall pay fair compensation promptly for—
(a) the taking of possession of property under a requisition in terms of paragraph (a) of subsection (1),
including any failure to return such property in terms of subsection (3) or (4) or any damage to such
property; or
(b) the billeting of Forces in terms of paragraph (b) of subsection (1).
Select target paragraph3
Add to table of contents