Self-determination is not independence from the Republic!
Some South African Pagans are actively promoting the idea that the right to self-determination gives them the right to declare their independence from the Republic of South Africa. They are wrong!
Self-determination is not independence from the Republic!
Section 235 of the South African Constitution recognizes a community’s right to self-determination within the framework of the Constitution and the law. That is, within the framework of the borders and law of this country.
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.”
There are currently only two examples of communal “self-determination” in South Africa – Orania (a Sectional Title Scheme), and Ingonyama (a Trust), and both are registered in the Republic. Both remain territory of South Africa. Neither are independent from the Republic!
Neither exist as independent countries, because our law does not provide for their secession as independent countries.
An international covenant or instrument that grants any international right to claim independence, does not automatically become a law in the Republic of South Africa. Any provision in any international instrument must be drafted into South African legislation in order for it to become a law within the Republic.
No enabling provision has been drafted into South African law that would permit any person or group to claim independence from the territory of the Republic of South Africa.
The right to self-determination is therefore not a right to claim independence from the Republic!
SAPRA
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