The Western Cape High Court will hand down judgement on Friday on lobby group Afriforum’s application to interdict the parliamentary process on the possible amendment of the constitution to allow land expropriation without compensation. After hearing arguments on the application on Thursday, Judge Vincent Saldanha hinted that he and fellow judge Mokgoatji Dolama might reject Afriforum's application. However, Saldanha told the court at the end of the day’s proceedings that even if the court rejected the urgent application it was obliged to hear the second leg of Afriforum’s application. This related to the application for a declaratory order that the adoption of the report on land expropriation without compensation by the joint constitutional review committee was unlawful and should be set aside. The committee recommended in its report to parliament that section 25 of the constitution be amended to make it explicitly clear that expropriation of land without compensation by the state ...
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