Western Cape on Brink of Full Federal Autonomy

PRESS RELEASE: Radical challenge underway to South African constitutional order as both DA and VF Plus table bills in WC Provincial Parliament

PRESS RELEASE: Western Cape on the brink of full federal autonomy

The most radical challenge ever to the current South African constitutional order has been launched this week, almost unnoticed, in the Western Cape Provincial Parliament (WCPP). The likely outcome is that South Africa will move from being a ‘Quasi-federal unitary state’ to a fully federal one.

Whilst this move has begun in the Western Cape, it is almost certain that post 2024, other provinces who reject a future national ANC or ANC coalition government, will also follow suit.

On 22 May, the VF Plus informed the speaker of the WCPP that they wished to table the ‘Western Cape Peoples Bill’. On 26 May, the DA tabled the ‘Western Cape Provincial Powers Bill’.

Both pieces of legislation have been channelled through the Western Cape Devolution Working Group (WCDWG) and together they will allow the Western Cape to claim full federal autonomy by right in accordance with international law.

Since 1994, South Africa has ratified three international treaties all of which guarantee the ‘undeniable and inalienable’ right of self-determination to all ‘peoples’. The Western Cape is the only province with its own constitution, and it begins with the words, “In humble submission to Almighty God, We, the people of the Western Cape”.

The DA’s ‘Western Cape Provincial Powers Bill’ imposes a legislative requirement upon the Western Cape Government to pursue provincial autonomy to the fullest extent possible and provides a framework for the province to table the necessary legislation in the National Council of Provinces (NCOP).

The VF Plus’ ‘Western Cape Peoples Bill’ affirms that a Western Cape people exist and formally claims the right to self-determination on their behalf, a right which South Africa is obliged by international law to grant, and where the authority of international law is established in s232 and s233 of the South African Constitution.

Both pieces of legislation have been tabled in the WCPP where the DA has an outright majority, as well as the support of the other political parties in the WCDWG. Federalism is therefore now a decision which rests firmly in the hands of the DA.

Provided that both bills are passed, a ‘Western Cape Federal Autonomy Bill’ will be tabled in the NCOP using the mechanism provided in the ‘Western Cape Provincial Powers Bill’. Were the NCOP or the National Parliament to then vote against the ‘Western Cape Federal Autonomy Bill’, they would be denying the Western Cape self-determination which is in direct contravention of the international treaties South Africa has signed and would allow the Western Cape to petition the Constitutional Court and then, if necessary, the UN Court of Human Rights.

The ’Western Cape Federal Autonomy Bill’ is currently being written and it will allow the Western Cape to veto any changes to the South African Constitution which affect the province, to end racial classifications and race-based policy in the Western Cape, and to devolve control of policing, rail, ports, and taxation.

A copy of the ‘Western Cape Peoples Bill’ is attached. The DA has not yet published the final version of the Western Cape Provincial Powers Bill’.

Click here to read a copy of the 'Western Cape Peoples Bill'.

Pleases add your support here: https://www.capeindependence.org/peoples-bill

DATE: 02 Jun 2023

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