# summary

- Link: https://dearsouthafrica.co.za/24th-amendment-bill/summary/
- Published: 2026-04-10T16:23:56+02:00
- Author: dearSA

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### _Summary: The Constitution Twenty-Fourth Amendment Bill_

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.

[What is Section 235?](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1738150189952-44103674-e29d31d9-c3be5520-25436517-5a23)

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 Proposed Change](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1738150189975-5d0623dc-47dc31d9-c3be5520-25436517-5a23)

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.

[The Motivation: Why repeal it?](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1738150854013-bb98f5fb-7d0931d9-c3be5520-25436517-5a23)

According to the MK Party, Section 235 has become a source of **“confusion, contradictions,
and ambiguity”**. Their primary arguments include:

    - _Redundancy:_ The MKP asserts that the **Bill of Rights** (specifically Sections
      30 and 31) already provides sufficient protection for everyone to use their
      language and enjoy their culture.
    - _National Unity:_ The party argues that the section is being **“misappropriated”**
      to justify “racially exclusive enclaves” like **Orania** and to promote “secessionist
      narratives” that threaten the integrity of South Africa as a single, sovereign
      state.
    - _Lack of Use:_ The MKP points out that the section has remained “dormant” 
      and has never been turned into actual law in the 30 years since the Constitution
      was adopted.

[The Opposition: What are the concerns?](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1738151172108-10076802-4d0031d9-c3be5520-25436517-5a23)

Opponents of the Bill, including the **Cape Independence Party** and the **Freedom
Front Plus**, argue that the repeal is a politically motivated strike against minority
rights. Their concerns include:

    - _Breach of the 1994 Deal:_ Section 235 was a cornerstone of the negotiated
      settlement that allowed for a peaceful transition to democracy; removing it
      is seen as a breach of that foundational promise.
    - _Collective vs. Individual Rights:_ Opponents argue that while the Bill of
      Rights protects individuals, Section 235 is the only provision that protects
      a community’s right to sustain itself and its heritage.
    - _Closing Democratic Paths:_ Critics warn that by removing constitutional avenues
      for autonomy, the government may unintentionally fuel more radical demands
      for independence rather than fostering unity.

[Why your voice matters](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1775830553172-a595bdde-0679)

As a constitutional amendment, this Bill requires significant public input and a**
two-thirds majority** in Parliament to pass. Your participation ensures that Parliament
hears the collective will of the people before deciding whether to move forward 
with this fundamental change to our supreme law.

_Deadline for Comment:_ Sunday, 26 April 2026.

### _The Strategic Link: Section 235 and Section 25_

To understand why the repeal of Section 235 is being pursued now, it is essential
to look at the broader legislative agenda. The proposal to remove the right to self-
determination is the first step in a “domino effect” that leads directly to the 
amendment of Section 25 (the property clause).

[The "Shield" and the "Assegai"](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1776092275929-25032f0f-dfd5)

The relationship between these two sections can be understood through a simple metaphor
of defense and action:

    - _Section 235 is the Shield:_ This section recognizes the right of communities
      to seek self-determination and territorial autonomy. It acts as a constitutional
      safeguard, providing a legal framework for communities to protect their local
      governance, heritage, and territorial interests.
    - _Section 25 is the Assegai:_ The proposed amendment to Section 25 seeks to
      legalize **Expropriation Without Compensation (EWC).** This is the tool intended
      to allow the state to seize land and property.

[Clearing the Path](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1776092275969-d7485752-d4b5)

By moving to repeal Section 235 first, the constitutional “shield” that might allow
a community to claim a right to its territory or local governance is removed. This
is a strategic move to “clear the deck” before the introduction of EWC.

Without Section 235, the legal hurdle of community-based territorial defenses is
eliminated, making it significantly easier for the state to exercise the powers 
of expropriation. Essentially, the removal of the right to be a distinct community(
the Shield) is the necessary precursor to the state’s ability to seize land and 
property (the Assegai).

[Why this matters for the Public](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1776092276007-79b362d6-405e)

This sequential approach suggests that the two amendments are not isolated “technical”
changes but part of a unified plan to shift power from the community to the central
state.

    - _Phase 1 (Now):_ Repeal Section 235 to remove community-based territorial 
      rights.
    - _Phase 2 (Commencing April 27):_ Amend Section 25 to allow for the seizure
      of property without compensation.

By participating in the campaign against the repeal of Section 235, you are not 
just defending a community’s right to identity—you are defending the first line 
of constitutional protection for property rights in South Africa.

### _Questions and answers_

[What exactly is Section 235?](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1763554389233-fdb8fee6-6da45520-25436517-5a23)

It is the section of the Constitution that recognises the right of “any community
sharing a common cultural and language heritage” to pursue self-determination within
a territorial entity, provided it is determined by national legislation.

[Why does the MK Party want to repeal it now?](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1763554389265-aa09206a-77665520-25436517-5a23)

They claim it is being “misappropriated” to justify “racist enclaves” and that it
creates “confusion” within the legal framework. However, critics argue the timing
is linked to the growing movement for **Western Cape independence.**

[Will I lose my right to speak my language if this is repealed?](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1763554389298-fbc55a3c-817c5520-25436517-5a23)

No. Your **individual** rights to language and culture are protected under Sections
30 and 31 of the Bill of Rights. The repeal would specifically remove the **community’s**
right to seek territorial autonomy or self-governance.

[What is the difference between "repealing" and "amending" the Constitution?](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1771840733358-e4b2d08e-b2266517-5a23)

While often used interchangeably in casual conversation, they have distinct legal
meanings:

    - _Amending:_ To “amend” means to change, update, or add to existing text. It
      is a modification of the current law.
    - _Repealing:_ To “repeal” means to completely abolish or cancel a section or
      an entire law. In this case, the MK Party is proposing to **repeal** Section
      235 entirely, effectively removing the “right to self-determination” from 
      the South African legal framework.

[What is the procedure for a Private Member's Bill (PMB) to change the Constitution?](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1771840767171-e194ee95-bf826517-5a23)

Amending the Constitution is a rigorous process designed to prevent any single party
from making changes without broad consensus. The typical steps for a PMB like this
one are:

    1. _Notice of Intention:_ The MP (in this case, Mzwanele Manyi) must publish a 
       notice in the Government Gazette at least **30 days before** formally introducing
       the Bill, inviting the public to comment.
    2. _Introduction & Tabling:_ The Bill is formally introduced in the National Assembly(
       NA) and referred to the relevant Portfolio Committee.
    3. _Motion of Desirability:_ The Committee must deliberate on whether the Bill 
       is “desirable.” This involves a briefing by the sponsoring MP and a response
       from the relevant government department.
    4. _Public Participation (Parliamentary):_ If deemed desirable, the Committee may
       conduct further public hearings and consultations to gather more input.
    5. _The 30-Day Wait:_ By law, a constitutional amendment cannot be put to a vote
       until **30 days have passed** since it was tabled in the National Assembly.
    6. _The National Assembly Vote:_ To pass, the Bill must achieve a **two-thirds 
       majority (66.6%)** of the members of the National Assembly.
    7. _The NCOP Vote:_ Because Section 235 involves “territorial entities,” it also
       requires the support of at least **six of the nine provinces** in the National
       Council of Provinces (NCOP).
    8. _Presidential Assent:_ If it passes both houses, it is sent to the President
       to be signed into law.

[Why is a two-thirds majority required?](https://dearsouthafrica.co.za/24th-amendment-bill/summary/#1775830966077-855325b5-494a)

The Constitution is the supreme law of the land. Ordinary laws only require a simple
majority (50% + 1), but constitutional changes require a “special majority” (66.6%
or even 75% for founding values) to ensure that such fundamental changes reflect
the will of a significant portion of the population, not just the ruling party of
the day.

The notice of Intention to Introduce

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The Constitution of the Republic of South Africa

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### _In the News_

    - Polity — [MKP moves to have Section 235 of Constitution repealed, arguing it promotes confusion not protection](https://www.polity.org.za/article/mkp-moves-to-repeal-section-235-of-constitution-arguing-it-promotes-confusion-not-protection-2026-04-02)
    - BusinessTech — [New laws coming after Afrikaner towns in South Africa](https://businesstech.co.za/news/government/855265/new-laws-coming-after-afrikaner-towns-in-south-africa/)
    - Citizen — [MK party aims to remove self-determination from the constitution, Cape separatists respond](https://www.citizen.co.za/news/south-africa/politics/mk-party-self-determination-constitution-cape-separatists/)
    - Citizen — [MK party seeks nationalisation of land and for claim window to be backdated to 1652](https://www.citizen.co.za/news/should-land-claim-1652-mk-party-constitutional-amendment/)

**Willem Petzer.** As the EFF fades into irrelevance, the MK Party has seized the
baton, drawing apathetic black voters back to the polls with ever-more extreme policies.
Their latest: A parliamentary bill to gut Section 25 (Property Rights) from the 
Constitution.

**Renaldo Gouws.** The MK Party has launched a private members’ bill to change the
constitution. They want to remove Section 235 from the Constitution. This means 
that they want to outlaw self-determination based on cultural or linguistic values.

### _Statements and media releases_

Click on a logo to view.

![click to view statement](https://cdn.dearsouthafrica.co.za/wp-content/uploads/
2025/11/28075733/Logo-New-smaller-1.png "Logo, New smaller")

Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/24th-amendment-bill/summary/ 24thamendment@dearsouthafrica.co.za?subject=org info for 24th amendment regulations info page)

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### Cape Independence Party

 The CAPEXIT Party condemns the proposed Constitution Twenty-Fourth Amendment Bill,
2026, introduced by MK Party MP Mzwanele Manyi, which seeks to repeal Section 235
of the Constitution — the only provision that explicitly recognises the right of
communities to self-determination.

This is not a technical amendment. It is a deliberate attempt to shut down lawful,
constitutional pathways for communities to determine their own future.

Section 235 (referenced below) forms part of South Africa’s negotiated constitutional
settlement. It acknowledges a simple reality: this is a diverse country, and unity
was never meant to erase identity. Removing it does not strengthen the Constitution—
it weakens its ability to accommodate that diversity.

The claim that the Bill of Rights makes Section 235 unnecessary is fundamentally
flawed.
 Individual freedoms do not replace community rights. The right to speak
a language is not the same as the right of a community to sustain itself.

More telling is the political signal behind this move. Rights are not removed because
they are irrelevant — they are removed because they may be exercised.
 Support for
self-determination in the Western Cape is growing. Instead of engaging this reality
democratically, this amendment seeks to close it down constitutionally.

“Let us be clear: self-determination includes the right of a people to pursue independence
through peaceful and democratic means,” said CAPEXIT Party leader Jack Miller.
 
The future of the Western Cape must be decided by its people — not restricted by
politicians in Pretoria.

“CAPEXIT will continue to advocate, without compromise, for the right of the people
of the Western Cape to decide their own future — including the option of independence,”
Miller added.

Suppressing constitutional avenues for self-determination will not eliminate the
demand for it.

It will strengthen it. No constitutional amendment can extinguish that democratic
right.

Constitution of the Republic of South Africa
 Chapter 14. Section 235

“… the right of self-determination of any community sharing a common cultural and
language heritage, within a territorial entity in the Republic …”