49 Judgment No. CCZ 2/18 Constitutional Application No. CCZ 86/15 It would be absurd to say that Government should pay the employer compensation for the money paid to the employee for loss of employment, which payment it would be bound to pay if there was expropriation. The employer may even not pay the money if he or she or it successfully pleads financial incapacity and consequent inability to pay the minimum retrenchment package to the employment council established for the undertaking or, if there is no employment council for the undertaking concerned, the Retrenchment Board, and gets an exemption from the obligation to pay the full minimum retrenchment package or any part of it. Payment by money was simply the means which the Legislature employed to fulfil its purpose. Nothing in s 71 of the Constitution prohibits the Legislature from employing monetary means in this way. Selection of the most effective means for the achievement of a legislative purpose is a prerogative of the Legislature. Section 71 of the Constitution was altogether irrelevant for the purposes of the applicants’ case. DISPOSITION In the result, the application is dismissed with costs. ZIYAMBI JCC: I agree GWAUNZA JCC: I agree