When is a constitution unconstitutional?

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Farmer Johannes Muller gives his opinion during the public hearings on the amendment of Constitution section 25. Photo: Tebogo Letsie
Farmer Johannes Muller gives his opinion during the public hearings on the amendment of Constitution section 25. Photo: Tebogo Letsie

VOICES

Thus, it is now necessary to consider the implications of having a “constitution” aimed at including “expropriation without compensation”, “state custodianship of land”, “protecting land or future generations” and abandoning to Parliament the power to determine when expropriation without compensation will apply.

To understand those implications, it is necessary to take a step back and understand why constitutions were introduced in the first place.

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