09 July, 2010
Court orders: You may recall we are looking at our section 7 fundamental right to the enjoyment of personal property. Government is prohibited from taking away our property except under a law which pays us prompt and adequate compensation. We are now looking at the several exceptions listed in the section.
Some of them were quite obscure to us. The ninth exception is more familiar. It says that it is not an unlawful deprivation of property if it is as a result of an order of the court. That seems a little obvious.The court is there to settle disputes between citizen and citizen, and between citizens and the State. If the court orders our property to be taken away from us, and we do not agree with that decision, then it is for us to appeal to the higher court, the Court of Appeal. We cannot be heard to protest that the order of the court is unconstitutional.