MKP moves to have Section 235 of Constitution repealed, arguing it promotes confusion not protection
The uMkhonto we Sizwe Party (MKP) on Thursday announced its introduction of an Amendment Bill that proposes repealing Section 235 of the Constitution, which gives communities with a common cultural and language heritage the right to pursue self-determination.
The MKP argued that its Bill was a “necessary intervention” to protect national unity, arguing that Section 235 is ambiguous and that the Bill of Rights already protects language, cultural rights, freedom of association and religious freedom.
Section 235 reads, “The right of the South African people as a whole to self-determination, as manifested in this Constitution, does not preclude, within the framework of this right, 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.”
MKP argued that Section 235 has remained “dormant, undefined and legally inoperative for three decades”.
Compared with the rights protected in the Bill of Rights, MKP says Section 235 has not been operationalised through legislation and that it creates confusion instead of protection.
“The MK Party is deeply concerned that Section 235 has increasingly been misused and misrepresented to promote racially exclusive enclaves; suggest a constitutional basis for territorial fragmentation and advance secessionist narratives that have no grounding in law. This Bill decisively closes that gap,” the party said.
It further argued that its amendment would prevent “misuse” of the Constitution to justify exclusion or division.
“This amendment is not about limiting democracy, it is about defending it from distortion. South Africa's future cannot be built on fragmentation, enclaves or exclusion. It must be built on unity, justice, and equal rights for all,” the party stated.
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