A battle over the right to form a breakaway independent state is set to play out in the national legislature.
MK party’s Mzwanele Manyi last Friday submitted a notice of intention to introduce a bill that would remove self-determination from the Constitution of South Africa.
On the other end of the separatist push, the Cape Independence Advocacy Group (CIAG) responded this week to state that it would be fighting legislative fire with fire.
The MK party wants to remove section 235 of the constitution on the grounds that it provides a vague concept that is being exploited by those seeking independence from South Africa.
The section cements the “recognition of the notion of the right of self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the Republic or in any other way, determined by national legislation”.
Repealing Section 235
MK party labelled the bill the Constitution Twenty-Fourth Amendment Bill and the notice encourages the public to have their say on the matter.
The notice argues that the Bill of Rights already protects the linguistic, cultural and religious freedoms of all South Africans, as well as citizens’ right to associate with whom they choose.
Manyi highlighted that any move towards self-determination would need to be processed through parliament and subjected to mandatory public participation.
He states that the bill will repeal “the recognition of the notion of the right to self-determination” to end the argument for independence.
“Section 235 introduces confusion, contradictions and ambiguity into the constitutional framework by providing a theoretical basis for self-determination of communities.
“[Section 235] is used to create the false impression that the constitution allows cultural enclaves or semi-autonomous entities, and even in some cases, that the constitution allows these enclaves or entities to operate in a manner inconsistent with the Bill of Rights,” Manyi’s notice states.
‘Make it operational’
In a reply to the notice, CIAG called Manyi’s bill “legally absurd and morally repugnant”, but suggested the notice could work to its benefit.
“The MK’s actions may well serve a valuable purpose – to highlight the obligatory legal framework which is binding on South Africa whether it consents or not,” CIAG stated on Tuesday.
The separatists argued that the right to self-determination was enshrined in international law and protected minority communities from majority domination. Â
CIAG pointed out that the MK party had previously stated its opposition to the established legislative order of the country.
“Given the MK’s stance on wanting to replace constitutional democracy with majority rule, and its penchant for ethnic nationalism, it is unsurprising that it wishes to remove the right of self-determination,” CIAG stated.
The independence group added that it had been working to invoke section 235 through legislative means, and welcomed any testing of their case.
“This sets the stage perfectly to assert that the required action is not the removal of a non-derogable right; it is to make it operational,” CIAG concluded.
Non-racialism Bill
The group submitted a separate piece of legislation to the portfolio committee on justice and constitutional development this week.
Called the Non-racialism Bill, CIAG – whose political arm, the Referendum Party (RP), recently merged with the Freedom Front Plus – is looking to remove any linking of race to equality. Â
The bill would amend section 9 of the constitution, which the Referendum Party argues is being used to justify policies that exclude minorities.
The bill is backed by a petition with at least 12 600 signatories and challenges the use of racial quotas when pursuing redress.
“Section 9 has come to be read in a manner which permits ‘positive’ racial discrimination, and the Referendum Party asserts that this is both incompatible with the founding constitutional principle of non-racialism, and unnecessary.
“This is a critical distinction in a country already so blighted by racial discrimination. It is inconceivable that more racism is the solution to anything,” the party concluded.
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