SELF-DETERMINATION AND DEVOLUTION – ARE WE ROLLING THE DICE?
Two concepts one increasingly hears about.
Given the situation in SA, these seem to be the only solutions, particularly for minorities. But is this the ideal outcome, or merely a deflection from reality and a way of buying time we cannot afford to give?
Let’s look at the descriptions:
Self-determination
Self-determination is the principle that a people or community has the right to freely determine its political status and pursue its economic, social, and cultural development.
Meaning: A group of people has the right to decide how they live, govern aspects of their community, and preserve their identity.
Devolution
Devolution of power is a form of decentralisation where a central government transfers specific legislative, administrative, and financial powers to lower levels of government, such as provinces, regions, or municipalities, while still retaining ultimate sovereignty and constitutional authority.
ENTER SECTION 25 OF THE SA CONSTITUTION (EXPROPRIATION WITHOUT COMPENSATION)
What Section 25 says about expropriation (in plain terms)
Section 25(2) and (3) are the key parts:
It states that the state may take property only if:
• it is for a public purpose or in the public interest (land reform is included in “public interest”), and
• it is done under a law of general application
What “property” generally includes
Courts in South Africa interpret “property” widely. It typically includes:
• Land and buildings (houses, farms, commercial property)
• Movable assets (cars, machinery, equipment)
• Intangible rights, such as:
o leases
o shares in companies
o intellectual property (in some contexts)
o certain contractual rights
The questions that arise are:
1. Can the state revoke any bestowed self-determination or devolution?
2. Can the state apply expropriation even where self-determination or devolution exists?
1) Self-determination (Section 235)
Can it be revoked?
Not in a simple or direct way.
Section 235 recognises:
• The right of the South African people as a whole to self-determination
• Potential cultural or community self-determination within constitutional limits
Because it is a constitutional right, it is not an administrative policy that can simply be withdrawn.
What government can do:
• Regulate how it is exercised (e.g. education policy, language policy rules)
• Limit it where it conflicts with other constitutional rights or national unity
• Interpret it narrowly through legislation and the courts
Yes—the government can still interfere with and regulate policies even where self-determination is recognised. In South Africa, “self-determination” is not a zone of legal independence, so it does not create an area where the state loses authority.
Even strong forms of self-determination:
• Do not override national sovereignty
• Do not create independent governing authority
• Operate within the constitutional order, not outside it
CAN WE AFFORD TO ROLL THE DICE ON THIS?
Devolution (provincial and local government power)
Can national government revoke it?
Not freely, but it can significantly override or reduce it.
South Africa is a unitary state with decentralised powers, not a federal one. That means:
• Provinces and municipalities do not have original sovereignty
• Their powers exist because the Constitution grants them
• Parliament can change the scope of their powers through constitutional amendment
Does devolution override national sovereignty?
No.
In South Africa, sovereignty rests with the national constitutional order under the Constitution of the Republic of South Africa.
• Provinces and municipalities do not have independent sovereignty
• They exercise delegated constitutional authority, not original state power
ARE WE GOING TO ROLL THE DICE ON THIS?
AGAIN, ENTER SECTION 25
With the fundamental question: will property be safe under self-determination and/or devolution?
Under the Constitution of the Republic of South Africa, all power ultimately remains subject to the Constitution, national legislation, and the Bill of Rights.
So even recognised forms of self-determination:
• Do not create sovereignty
• Do not remove state authority
• Must operate within constitutional law
• Yes—the South African government can still apply expropriation under Section 25 even in areas with devolved powers or where cultural/self-determination arrangements exist.
• The important point is why: in South Africa, neither devolution nor self-determination creates an “off-limits” territory.
AND FOR THIS VERY REASON, WE CAN’T AFFORD TO ROLL THE DICE ON PROMISES OF SELF-DETERMINATION OR DEVOLUTION.
That is why the CAPE of GOOD HOPE, as a non-politically aligned organisation, will work towards the sovereign independence of the Western Cape.
If you support this, please do the following:
1. Save our number, 075 111 3333, on your phone
2. WhatsApp “I vote independence” to 075 111 3333
3. Include your Name – Suburb – Email (if you have one)
LET MY PEOPLE GO
The People’s Narrative
Des Palm
Director
Cape of Good Hope