hat tip: Andrea Murrhteyn
This is an interesting series of articles, as the subject of secession frequently turns up here.
The ANC are deliberately denying minority S. Africans their rights in accordance with the International Covenant on Civil & Political Rights (Res. 2200; 18 Jul '76). Wherefore Security Council Resolution 1244 (1999) provide S. Africa’s minorities with international legal standing for Secession and Self Determination, -- like Kosovo -- by the “recognition of a human community within a sovereign state enjoying a right to self-determination.”
Attorney Votani Majola has confirmed that on 14 January 2010, the Abathembu Served their Notice of Secession from the State of South Africa. King Dalindyebo has admitted that Attorney Majola is acting on behalf of the King.
While The Cape Party have endorsed the Abathembu Secessionist plans, and called for a Secessionist Review of the Constitution, “to pave the way for the secession of the Western Cape, Thembuland and other provinces, should the people's consent be granted.”
Meanwhile the NPA, Police, et al, confirm the Abathembu Notice of Secession “is not a crime,” and have referred the matter to be resolved by Politicians.
The alleged Constitutional Professor for the Western Cape, Pierre de Vos, however is outraged, and is threatening that the matter should be considered as Treason. It appears that Professor De Vos, does not think that the South African Constitution is bound by International Law and Conventions, such as The International Covenant on Civil and Political Rights (ICCPR), states among others:1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.And The International Covenant on Social, Economic and Cultural Rights (CESCR), which also states among others:1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
AbaThembu plan to secede ‘is not a crime’
Bongani Hans, Mthatha Bureau, Despatch
21 January 2010
“States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity.”
SOUTH African law enforcement agencies have put the onus on politicians to sort out the AbaThembu secession from the country because, they say, no crime has been committed.
The office of Police Minister Nathi Mthethwa , the Directorate for Priority Crime Investigations – better known as the Hawks – and the National Prosecuting Authority (NPA), all said the matter remained out of their jurisdiction for now.
They said that AbaThembu King Buyelekhaya Dalindyebo and his lawyer, Votani Majola, should be met by politicians.
“Secession is a political matter,” NPA spokesperson Mthunzi Mhlaga said yesterday.
Hawks spokesperson Musa Zondi gave a similar response, while Mthethwa’s spokesperson, Zweli Mnisi , said police would only act once a crime had been committed.
Secession: International Law Perspectives; By Marcelo G. Kohen, Cambridge Univ. Press
“If it becomes clear that anyone is committing a crime, then the law would have to intervene,” said Mnisi.
Department of Co-operative Governance and Traditional Affairs spokesperson Vuyelwa Qinga-Vika said her department would intervene only if Dalindyebo approached them.
“Personally, I have not given this matter any thought. It is one of those things that might end up similar to Orania (an Afrikaans enclave in the Northern Cape).
“We cannot approach the king about the matter because there are important matters to attend to,” said Qinga-Vika.
However, a law professor at the University of Western Cape, Pierre de Vos , yesterday warned against taking the secession statements lightly. The government should not just laugh the matter off because the threats to secede might lead to chaos if the king’s subjects followed, he said.
“If they (Dalindyebo and Majola) are really serious about this, the security forces should watch them closely. Their statements might encourage their followers to riot against the government.”
However, De Vos pointed out that the two had not yet acted on their statements .
“The fact that for now they are only issuing statements might be the reason most of us only laugh at them, and say they are slightly strange people.
“But there is always a thin line between expressing a wish and acting on a wish. Once they start encouraging people to be disobedient towards the State they will be threatening the security of the State,” he said.
De Vos said if Dalindyebo and Majola acted on their threats it might lead to a charge and conviction for treason, a crime which carries a sentence of between 25 years and life imprisonment.
Already Dalindyebo has been sentenced to 15 years for a range of serious crimes.
Secession and International Law: Conflict Avoidance - Regional Appraisals; From Asser Press
The Mthatha High Court granted him leave to appeal his conviction and sentence last year.
Parliament confirmed this week that it had received notice of the intended secession, which Majola served on them on January 14.
He first sent the same notice to President Jacob Zuma’s office in Pretoria last month.
On Tuesday he told the Dispatch that since January 14 the AbaThembus were no longer part of the South African government.
When contacted yesterday afternoon Majola, who said he was in Johannesburg, had no comment.
He said was busy preparing for a press briefing which would clarify the secession.
He declined to say whether Dalindyebo was prepared to give up the stipends and benefits he received from the South African government for being a king.
“Right now I’m busy in a meeting with AbaThembu discussing the secession. Even yesterday I was locked in a meeting,” he said before terminating the call.
» » » » [DespatchOnline]
Cape Party Supports Abathembu Secessionists, Calls for Constitutional Review
Adrian Kay, Cape Party
Dec 24, 2009 at 04:05 PM
“Secession is an important Constitutional Principle”
The Cape Party supports the claims of the abathembu clan to the Independence of the territory east of the Fish River. The claims of the Thembu chief highlight a flaw in the present South African constitutional framework, wherein many differring cultures have legitimate claims to self governance. It further exposes the fraudulent idea of South Africa as a unitary state.
Owing to this fact we call on the South African government to institute a conference reviewing the current constitution, paving the way for the secession of the Western Cape, Thembuland and other provinces too, should the people's consent be granted.
We are prepared to discuss this issue with the leader of the abathembu, to safeguard the territorial integrity of the Cape Republic. We call on the peaceful dissolution of the Republic of South Africa, and self determination for all its people.
Adrian Kay: Cape Party:
Tel: 021 671 8668 || Cell: 0762212284
» » » » [Cape Party]
According to Ron Paul , Republican from Texas, and former Candidate for US President: Secession is the Ultimate States Right and an Important Constitutional Principle , and without the right to a healthy open discussion about the issue, the right is meaningless.
ANC rejects secession idea
SAPA, News 24
Cape Town - The ANC in the Eastern Cape has called on members of the AbaThembu clan and the broader society in the province to distance themselves from a "divisive and misleading so-called secession from South Africa" idea.
"We remain strongly opposed to this misleading and ambitious idea by King Buyelekhaya Dalindyebo's so-called Justice Forum led by Votani Majola, which seeks to secede from South Africa," it said in a statement on Thursday.
The call for the secession of AbaThembu territory from the greater South Africa was reminiscent of past failed attempts by certain groups for South Africa to create a tenth province, to accommodate "misplaced fears" for the new country that today enjoyed one identity as a nation with diverse cultures.
"The ANC will not allow any attempt by a very small clique in the Eastern Cape to manipulate the vulnerable and ignorant in our society by disguising a high court challenge to King Dalindyebo as a campaign to secede from South Africa."
No justification for breakaway
The party said South Africa was a constitutional democracy with respect for the rule of law and that the trial of the King in the Eastern Cape High Court last December had to take its course.
"We cannot find any political, economic or social reason to justify the call for a breakaway from South Africa.
"It is quite clear that this is nothing but an attempt to return to homeland rule by [the] backdoor and the ANC shall oppose it with all the might and zeal," it said.
Earlier, the Dispatch Online reported Dalindyebo's lawyer Votani Majola had served a "secession notice" on Parliament.
» » » » [Excerpt: News 24]