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Colin owns a house in Pioneerspark, which he bought on the open market in 2002. The purchase of the house was financed by means of

Colin owns a house in Pioneerspark, which he bought on the open market in 2002. The purchase of the house was financed by means of a bank loan secured by passing a mortgage bond over the property. The Windhoek Municipality wishes to build a high-speed rail link between Aris and Katatura. When completed, the rail link will pass through Colin's property, as well as other properties in the area. The Windhoek Municipalty wishes to expropriate Colin's property, and they send him a notice to this effect. The notice further provides that he will be compensated for his property, but that what he will be paid for the property will be "fair value". Colin does not want to move from his house, and he is incensed that the Windhoek Municipality is not willing to pay him a marketrelated price for the property. With reference to Article 16(2)of the Namibian Constitution and relevant national legislation, explain whether, in principle, the Windhoek Municipality is entitled to expropriate Colin's property in the circumstances1 .

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