The Right to Self-determination

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The right to self-determination is specifically mentioned in the South African Constitution (S.235).
It is guaranteed by international law, eg: International Covenant on Civil and Political Rights,
the African Union Charter on Human and Peoples Rights,
and the United Nations Charter,
to all of which the Republic of South Africa is a signatory.

​Here are some of the legal documents recognising the intrinsic right to self-determination:

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Constitution of the Republic of South Africa Chapter 14. Section 235. Recognises and Guarantees
“…the right of self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the Republic …”

• The Cape fulfils all of the necessary criteria to achieve self-determination and independence.

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United Nations Charter 1945 Chapter I: Purposes and Principles, Article 1
 
The Purposes of the United Nations are:
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace
United Nations

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Self Determination: Principle & The Law
Declaration on the Granting of Independence to Colonial Countries and Peoples
Adopted by the UN General Assembly
Resolution 1514 (XV), 14 December 1960:
Declaration
2. All peoples have the right to self-determination; by virtue of that right, they freely determine their political status and freely pursue their economic, social and cultural development.
5. Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom.

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International Covenant on Civil and Political Rights
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976.
PART I
Article I
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.
2.     All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3.     The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations

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African Union (AU) Charter
African Charter on Human and Peoples Rights
Self Determination, Article 20
1.     All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
2.     Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.
3.     All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.
 
In summary, Self-determination is recognised by:

• The South African Constitution
• The African Union Charter on Human and Peoples Rights
• The United Nations Charter
• International Law, including the International Covenant on Civil and Political Rights

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There are also other elements to self-determination which even further strengthen the case for independence. One is that if a country was formed through a union of previously autonomous states there is a higher propensity for those states to reclaim independence:

• Prior to 1910 ‘South Africa’ did not exist.
• After the Anglo-Boer Wars, the British Empire forced together six autonomous entities within the borders of what they called the ‘Union of South Africa’.
• The Union of South Africa’s newly formed borders included the two Boer Republics, the South African Republic of the Transvaal and the Orange Free State, the two British protectorates, the Kingdoms of Swaziland and Lesotho and the two British Colonies, the Cape Colony and Natal.
• In 1966 and 1968, Lesotho and Swaziland respectively were granted independence.
• Most other British Colonies in the world, outside of South Africa, have been granted independence. However the Cape still remains locked into a colonial Union established by the old British Empire. We were never granted a referendum to choose whether we wanted to be part of the Union or not.
• The United Nations has recognised the need for colonial constructs to be removed. The damage of artificially constructed colonial borders has been felt throughout the African continent leading to ruinous wars. The recent peaceful referendum for independence in South Sudan is an encouraging testament to the trend towards self-determination.

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All over the world territories are choosing self-determination.
The (Brexit) referendum taken by the British people to be independent from the European Union is another example of this emerging movement of decentralisation and independence. There are numerous other nations preparing for secession.
Free the Cape!
CapeXit!
 
See also: Secession in the Bible and in History
                 Eyewitness to Successful Secession
                 A Case for Cape Independence
                 The Cape of Good Hope for the Future
                 Cape Independence Handbook
                 The Cape of Good Hope
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