# 24th amendment Bill - Link: https://dearsouthafrica.co.za/24th-amendment-bill/ - Published: 2026-04-10T16:00:15+02:00 - Author: dearSA _Advert_ _Advert – scroll down_ ![The MK Party has moved to repeal Section 235—the only part of our Constitution that explicitly recognises the right to self-determination. If this section is erased, so is the legal "safety valve" that has maintained our fragile peace since 1994.]( https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/04/10152640/Constitution- Twenty-Fourth-Amendment-Bill-header.jpg "Constitution Twenty-Fourth Amendment Bill header") ![DEAR-SOUTH-AfFRICA](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/ 02/08135845/DEAR-SOUTH-AfFRICA.png "DEAR-SOUTH-AfFRICA") 0 comments individually delivered to Parliament, so far * No I do not support the Bill 12585 * Yes I do 111 * Not fully 25 ### Introduced as a Private Member’s Bill by Mzwanele Manyi, MP (MK Party), the Constitution Twenty-Fourth Amendment Bill seeks to formally remove Section 235 from the Constitution of the Republic of South Africa. Section 235 is the provision that recognises the right to self-determination for any community sharing a common cultural and language heritage. It allows for the possibility of such a community pursuing self-governance within a “territorial entity” in South Africa, provided this is determined by national legislation. The Bill proposes the total repeal (abolition) of Section 235. If passed, the explicit mention of a community’s right to self-determination would be deleted from the Constitution. click the link for more info [ view info, statements, documents and videos](https://dearsouthafrica.co.za/24th-amendment-bill/summary) ## 󠀁[ view comments from other participants before you have a say](https://dearsouthafrica.co.za/24th-amendment-bill/comments)󠁿 **Do you support the Constitution 24th Amendment Bill as presented by the MK Party?** **What is your concern? (scroll down for an explanation of each) ** As you've selected 'All of the above', if you had to choose a top concern, what would it be? the fields below are optional —————————— **What is your preferred channel for feedback on this campaign?** **Your preferred language?** **What is your status? (for our reporting purposes only) ** **Check your email address then hit send! You will be redirected to a confirmation page. ** ![D-icon](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2022/12/11192438/ D-icon-40x40-1.png "D-icon-40x40") ### _Understanding the Concerns: A Guide for Participants_ To help you decide where you stand on the Constitution Twenty-Fourth Amendment Bill, we have detailed the primary arguments surrounding the proposed repeal of Section 235. [Redundancy: The Bill of Rights is Sufficient](https://dearsouthafrica.co.za/24th-amendment-bill/#1770131112026-5a70eb21-10f17bb6-e175) - T_he Argument:_ This concern aligns with the Bill’s proposal that Section 235 is no longer necessary. - _Details:_ The Bill of Rights already guarantees the right of everyone to use the language of their choice and participate in the cultural life of their choosing. - _The View:_ Proponents of this view believe that these individual protections, along with the right to form cultural and linguistic associations, provide all the safeguards needed without requiring a separate section for “self-determination”. [Legal Clarity: Removing "Confusion and Ambiguity"](https://dearsouthafrica.co.za/24th-amendment-bill/#1770131112043-0e75ef86-4b6c7bb6-e175) - _The Argument:_ Section 235 is viewed by some as a theoretical provision that has never been turned into actual law. - _Details:_ The Bill argues that the section creates “contradictions and ambiguity” because it suggests a right to self-determination that is not clearly defined by legislation. - _The View:_ Supporters of this concern feel the Constitution should be streamlined by removing “inoperative” sections that create false impressions about what the law allows. [Breach of Trust: The 1994 Negotiated Settlement](https://dearsouthafrica.co.za/24th-amendment-bill/#1770131281853-5866958a-b51c7bb6-e175) - _The Argument:_ Section 235 was a fundamental part of the deal that brought South Africa into democracy. - _Details:_ Critics of the Bill, such as the CAPEXIT Party, argue that this section forms part of the “negotiated constitutional settlement” intended to accommodate the country’s diversity. - _The View:_ This concern suggests that repealing the section is a move to “ shut down” a promise made during the transition, potentially undermining the trust between different communities and the state. [Collective Rights vs. Individual Rights](https://dearsouthafrica.co.za/24th-amendment-bill/#1770131323251-266a4851-6c9c7bb6-e175) - _The Argument:_ Individual freedoms are not the same as the rights of a community to sustain itself. - _Details:_ While the Bill of Rights protects an individual’s right to speak a language, opponents argue it does not replace the collective right of a community to maintain its identity and organs of civil society. - _The View:_ This concern highlights that without Section 235, the Constitution loses its explicit recognition of community-led self-determination. [Enclave Risks: Preventing "Racist Enclaves"](https://dearsouthafrica.co.za/24th-amendment-bill/#1775829057308-ed43807f-2f0d) - _The Argument:_ Section 235 is being used to justify semi-autonomous entities that may not follow the Bill of Rights. - _Details:_ The MK Party has expressed concern that the section creates a “ false impression” that communities can form enclaves or entities that operate inconsistently with the broader Constitution. - _The View:_ This concern is focused on preventing “territorial fragmentation” and ensuring that all entities within South Africa adhere to the same constitutional standards. [Democratic Pathways: Closing Peaceful Avenues](https://dearsouthafrica.co.za/24th-amendment-bill/#1775829110973-79774caa-4585) - _The Argument:_ Removing constitutional options for autonomy might lead to more radical demands. - _Details:_ Critics argue that Section 235 provides a “lawful, constitutional pathway” for communities to determine their future through peaceful means. - _The View:_ This concern suggests that suppressing these avenues will not eliminate the demand for self-determination but may instead “strengthen it” by leaving no democratic room for such aspirations. ### _Perspectives: What is the debate?_ [What SUPPORTERS say](https://dearsouthafrica.co.za/24th-amendment-bill/#1770892117175-dfc38055-c8387bb6-e175) Supporters, led by the **MK Party**, argue that Section 235 is a “dormant” provision that has never been turned into law. They believe it creates a “theoretical basis” for “territorial fragmentation” and allows communities like **Orania** to operate as “exclusionist enclaves” outside the spirit of a unified South Africa. For them, the **Bill of Rights** is the only protection needed for cultural and linguistic diversity. [What OPPONENTS say](https://dearsouthafrica.co.za/24th-amendment-bill/#1770892117205-3c7c32e1-ce3d7bb6-e175) Opponents, including the **Cape Independence Party** and the **Freedom Front Plus,** argue that Section 235 is a “non-derogable right” and a cornerstone of the **1994 constitutional settlement.** They contend that individual rights (Sections 30 and 31) are fundamentally different from the **collective right** of a community to sustain and govern itself. They warn that removing this “safety valve” will not eliminate the demand for self-determination but will instead push it toward more radical, extra-constitutional paths. [ View more info](https://dearsouthafrica.co.za/24th-amendment-bill/summary)