OPINION PIECE
Who has the final say in the country’s laws?
Does the constitutional court of South Africa has the right to
make or amend any law in South Africa? NO.
No judge in South Africa can amend a law of parliament by bringing
a case law to the constitutional court and determine a standing
law then unconstitutional. Such a decision atleast has to be
referred back to parliament and scrutinised, before a final decision
could be made on it.
Only parliament and their elected delegates by the people of
South Africa has the right to make new laws or amend the current
laws.
We believe that the government made a mistake to accept a case
law decision brought about by a High Court judge(s) in the State vs.
Makunyhane in June 1995 by declaring the death penalty unconstitutional.
Only parliament has the prerogative to declare such an important
act unconstitutional.
We tend to go back to the state and ask for this mistake to be debated
and have the death penalty declared constitutional again.