Retired judge, Justice Albie Sachs says the Constitutional Court should have a final say in the amendment if section 25 of the constitution is to be amended to accommodate land expropriation without compensation.
Sachs was delivering a lecture titled: ‘Expropriation without Compensation’ in the National Arts Festival in Grahamstown, Eastern Cape.
He says Section 25 (8) of the Constitution allows parliament to pass an Expropriation Act but Constitutional Court must be involved.
“Because the Constitution will mean nothing if there is no independent body outside the body that is exercising to decide or not if it’s applicable and other courts in other countries have picked up that idea. If you want to have a Constitution and live in a Constitution democracy like we do, then you can’t exclude the ultimate decision making power of the judiciary which ultimately mean the Constitutional Court in determining certain laws are constitutional or conduct is constitutional.”