The CAPEXIT Party has denounced a proposed constitutional amendment that would eliminate the only explicit provision guaranteeing communities’ right to self-determination, describing the move as a calculated attempt to constitutionally foreclose any prospect of Western Cape secession from South Africa.
The Twenty-Fourth Amendment Bill, which was introduced and gazetted by MK Party MP Mzwanele Manyi at the end of March, seeks to repeal Section 235 of the Constitution. He calls for public comments on a notice announcing his intention to table a Bill in Parliament.
Serving as the Bill’s procedurally required pre-tabling explanatory summary, the notice summarises the thinking underpinning this proposal – which is that the Bill of Rights already safeguards the freedom to use a language of choice; participate in a cultural life of choice, and practise a religion of choice.
In that context, the notice asserts that, in MK’s view, the Constitution’s Section 235 “introduces confusion, contradictions and ambiguity into the constitutional framework by providing a theoretical basis for self-determination of communities”.
In a statement to the media, CAPEXIT Party leader Jack Miller says this is not a technical amendment, but rather a deliberate attempt to shut down lawful, constitutional pathways for communities to determine their own future, and a bold move to shut the door on any chance of the Western Cape breaking away from South Africa.
“Section 235 forms part of South Africa’s negotiated constitutional settlement. It acknowledges a simple reality: this is a diverse country, and unity was never meant to erase identity. Removing it does not strengthen the Constitution — it weakens its ability to accommodate that diversity,” says Miller.
Miller added that the claim that the Bill of Rights makes Section 235 unnecessary is fundamentally flawed. “Individual freedoms do not replace community rights. The right to speak a language is not the same as the right of a community to sustain itself. More telling is the political signal behind this move. Rights are not removed because they are irrelevant. They are removed because they may be exercised.”
‘Support growing’ for WC independence
According to Miller, support for self-determination in the Western Cape is growing.
“Instead of engaging this reality democratically, this amendment seeks to close it down constitutionally. Let us be clear, self-determination includes the right of a people to pursue independence through peaceful and democratic means,” he says.
Miller is of the view that the future of the Western Cape must be decided by its people — not restricted by politicians in Pretoria.
“CAPEXIT will continue to advocate, without compromise, for the right of the people of the Western Cape to decide their own future — including the option of independence,” Miller added.
“Suppressing constitutional avenues for self-determination will not eliminate the demand for it. It will strengthen it.”
Clash over racial exclusivity concerns
Self-determining enclaves in South Africa that operate within the framework of Section 235 are primarily small, privately established settlements, with Orania in the Northern Cape and Kleinfontein, a settlement east of Pretoria, being the most prominent examples.
These communities operate within the framework of Section 235, which allows for the right of self-determination for communities sharing a common cultural and language heritage, although Section 235 does not necessarily mean secession. They were founded on principles of Afrikaner self-governance and cultural preservation, which many critics hold is a violation of constitutional principles of equity and non-racialism.
Critics argue that “self-determination” in the South African context should not be interpreted to allow racial exclusivity, while defenders of these towns argue it is a voluntary association to protect minority culture.
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