Public participation on the attempt by MK MP, Mr Mzwanele Manyi, to have section 235 removed from the South African Constitution has evidently prompted him to provide more personal commentary on the process. It is, however, a feeble attempt at resuscitating the initiative.
A recurring theme in his statement on Wednesday is that section 235 was never intended to be permanent, but merely a transitional provision. He is wrong.
Schedule 6 of the Constitution deals with transitional arrangements, whereas section 235 appears in Chapter 14: General Provisions. Manyi wishing section 235 were temporary does not make it so.
Another “justification” proffered by Mr Manyi is that international law, as well as the 1994 constitutional agreement, favours a unitary state. According to him, self-determination applies only to an entire population within a territory with recognised borders. In reality, international law recognises self-determination as a mechanism to defuse tensions within multicultural states.
Where a central government resists such efforts and suppresses cultural minorities, secession may arise as a last resort.
This is evident, for example, in Ethiopia, where Eritrea was recognised by the international community as an independent state after a civil war that spanned three decades. Ethiopia subsequently took steps to explicitly recognise cultural diversity.
Mr Manyi, furthermore, contends that the Ingonyama Trust is not a parallel for self-determination, as it merely serves as a mechanism for administering communal land. This stands in stark contrast to the views expressed by a delegation of King Misuzulu ka Zwelithini, with whom the Freedom Front Plus (VF Plus) engaged yesterday.
The delegation is meeting with the MK Party today, and it will be interesting to see whether Mr Manyi tries persuade them of his position.
Finally, Mr Manyi argues that cultural and linguistic identity are already guaranteed in the Constitution, rendering section 235 redundant. His rejection of any culture-specific institutions was clearly evident during parliamentary proceedings on the BELA Bill.
The Freedom Front Plus will keep fighting in Parliament to retain section 235 to the very end. The public has until this weekend to make submissions before the parliamentary process commences. There will be another opportunity for public participation, should the proposal proceed beyond the initial stages.
Submissions may be sent to: speaker@parliament.gov.za
