Friday, January 22, 2010

Abathembu Secedes from South Africa

hat tip: Andrea Murrhteyn

This is an interesting series of articles, as the subject of secession frequently turns up here.

Abathembu Secede from SA; Cape Party Endorse & Call for Secessionist Constitutional Review

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.”
[HC-WC # 19663-09]
[SAHRC WC-2009-0455BS]

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.”
-- Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
[Boycott 2010 World Cup Brief: Re: Abathembu Secession]

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.

Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec; By Allen Buchanan

“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

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.
[Abathembu Justifications for Secession from South Africa]

ANC rejects secession idea

SAPA, News 24
2010-01-21 19:04

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]

13 Opinion(s):

Anonymous said...

Brilliant news. Who would have thought that seccesion could actually be this easy?

I fully support the Thembu tribe. Fuck the rainbow nation!!!

Islandshark said...

Of course they do! Did somebody actually expect the communists to agree to having their power diminished?

Laager said...

It is interesting to note that the Republic of South Africa today is fundamentally a British creation.

As the British expanded the boundaries of the Cape Colony through conquest they absorbed all the African nations into their new territory.
Similarly in Natal, by conquest the took the Natalia Republic from the Boere and finally defeated the Zulu's at Ulundi.
And again the defeated the Boere in battle in 1902 and claimed both the Orange free State and Transvaal - which included the African nations that resided there.

All of these territories were consolidated into a Unitary state by the Act of Union in 1910

The National party endeavoured to restore the status quo by changing the status of the Native Reserves created by the British into Homelands, with a parallel policy of self determination and ultimate independence. The rest of the world would not accept this - effectively saying that the black man is inacapable of succeeding on his own.

Who remembers PW Botha floating the idea of a "Constellation of States"? In other words a federation just like the USA

One of the first acts of the ANC government was to create 5 new Provinces without a murmer from anyone. The only "benefit" coming from this action was the jobs created from the 5 new beauracracies.

Now we have the Thembu's (Mandela's Nation - ??) pushing for seccession. What goes around comes around.

The time has come for all whites to consolidate as a unified nation and push for the same rights. This is the only way a civilised territory for white people can be created in Southern Africa. To each his own.Let the blacks have theirs and govern themselves and let the whites have theirs.

The most famous and working precedent of this is Scotland, England, Wales and Northern Ireland working together as the United Kingdom.

Surely if this is good enough for HM QE II it must be good enough for the rest of the world?

Anonymous said...

Apartheid and the homelands were the best and fairest solution to the country's tribal and racial problems. One day the whole world will understand it and adopt this system. The Afrikaners should have taken a patent out on it.

Anonymous said...

"Afrikaners should have taken a patent out on it"

LOL - They never could as it was not an Afrikaner idea but a British idea. Where do you think Verwoed got the idea from - Lord Carnanvon!

Viking said...

"Afrikaners should have taken a patent out on it"


negotiated terrorial arrangements were de rigeur back in the day, all over the world. Swaziland and Lesotho didn't get there by accident..
The only difference was that the homeland system was devised too late, once the zeitgeist had changed.
The winds of history are fickle, but I can't help thinking that if they have been contructed between 1901 and 1910 we'd have a different South Africa today.

Anonymous said...

The only way that all people in RSA will ever be governed fairly, is when a multi state solution is adopted.

Now we have a system where everyone is out for himself and certain groups fight to keep their hands on the meagre resources available, something which in the end will lead to civil war and famine.

Anonymous said...

To each his own works in countries like Europe where the smart factions of the different nations are all fairly equal distributed under those nations.

It did not work in Africa because of the black man's low intelligence , compared to the white man. Intelligence is the one factor that is crucial in determining the speed at which a society develops. The black man has a low intelligence, hence his failure to develop when left to his own devices.

This created income differences between the white homeland and the black homelands, which led to the black man trickling back into the white neighbourhoods in the hope of sharing in the good fortune of the whites, not realizing that you make your own good fortune by using your brains.

Why is it that blacks wanted to emigrate to South Africa whe we still had apartheid. They all knew it was better here, but they still don't get the fact that it is better because of the whites. The whites are smarter and this leads to development.

Exzanian said...

I remember reading a progressive liberal book "The Solution" in the 80's which proposed a cantonisation system for SA: Semi-autonomous powers for a federation of cantons within the whole of SA...Imagine how much further we would be today if we had faced the realities of our differences, and hammered out a way forward with that! But no, we had to buy into the myth of equality and egalitarianism...And look just how further the inequalities have developed in SA today because the ANC refuses to acknowledge the differences.

Dachshund said...

The Free Market Foundation argued for a canton type system such as they have in Switzerland for years. A central or federal government links the cantons into one unified country, but this central government controls only those affairs which are of interest to all the cantons. These matters of common interest include foreign policy, national defense, federal railways and the mint. All other issues – education, labor, economic and welfare policies and so on – are determined by the governments of the cantons and communes. Each canton has its own parliament and constitution and they differ substantially from one another. The communes, which vary in size from a few hundred to more than a million people, also have their own legislative and executive councils. The cantonal and communal governments are elected by the citizens resident in their areas of jurisdiction.

Anonymous said...

Black anonymous

Sorry to be the party pooper, but there is no way the ANC is going to let that happen. They know they have so much more to lose by returning to the homeland system, i.e
RESOURCES to be pillaged

You forget this is AFRICA. Leaders rule huge swathes of land they are incapable of administering, including tribal groups that never want to live together. However they still continue to force matters.
1). Rwanda and Burundi - Tusti, Hutu (give it a decade, they will be back a it).
2). Sudan - North vs South, dafur.
3). Nigeria - Christians vs Muslims, Igbo vs Fulani vs Yoruba vs Hausa.
4). Ethiopia - Amharic vs Omori (mind the spelling).
5). Angola - Cabinda (forced annexation).

EUROPE - When tribes dont get along:
1). Yugoslavia - today = Croatia, Serbia, Estonia, Kosovo.
2). UK - today scotland has its own parliament, so are the Irish.
3). Canada - Qubecoids (may have new referendum next decade).
4). Spain - Catalans(far greater autonomy rights).
5). Even Communist China gives Hong Kong some level of autonomy. I hear you need special permission or a VISA to go to Hong Kong from mainland China.

Anonymous said...

@Black anonymous - agree with you. The ANC will lose most of it's power should the Western Cape secede. They know most of the brains will move west and they'll be left with starving masses, unable to tie their own shoes. I'm sure more will come from this in the years to come (we can only hope) as the ANC alienates more and more people with it's forced rainbow nation. Wouldn't it be sweet revenge if another form of apartheid is the end result?

SA Greek said...

I agree with Laagers remarks.If its not only the Western Cape but several other secessionist movements ( like the Thembu or even the Zulus-for Zululand!!Zulus are quite "racist" towards other blacks or at least the ones i ve met ) then why not?Its very difficult ( as mentioned in above comments ) but duable.The main obstacles are the ANC ( we all know that ) & the elite whites that do business with the ANC and are quite happy the way things are.