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(1) Subject to the Constitution, any other relevant law and subsections (2) and (3)

(a) an enterprise shall not be nationalized or expropriated by Government; and

(b) a person who owns, whether wholly or in part, the capital of an enterprise shall not be compelled by law to cede that person’s capital to another person.

(2) The Republic shall not acquire an enterprise to which this Act applies unless the acquisition is in the national interest or for a public purpose and the acquisition is done under a law which makes provision for

(a) payment of fair and adequate compensation; and

(b) a right of access to the High Court for the determination of the investor’s interest or right and the amount of compensation to which the investor is entitled.

(3) Compensation payable under this section shall be paid with- out undue delay and authorization shall be granted for the repatriation of the compensation in convertible currency, where applicable.