What is the difference between Self-determination and being Independent? And other questions and answers to Independency:
What is the difference between Self-determination and being Independent?
Self-determination is the right of the people of a state to govern themselves without outside interference.
Independence (also called external self-determination) is the right of peoples to determine their own political status and to be free of alien domination, including the formation of their own independent state.
While there is a difference, it’s one of degree, not kind. Independence or self-determination: whatever you call it, it’s still separatism – Given self-determination, people may well choose to remain under the governing rule, which is currently the ANC. Alternatively, self-determination may be a prelude to independence, which seems to be the intention of radical localists.
The question however should be asked to all the various organizations who proclaim that they represent self-determination, if their focus represent segmented groups and or if they stand for all minorities in a certain area – The quest for Independence for groups indigenous to the Cape, sharing a common language or languages and culture, will be achieved through a legal process provided for by:
South African Law:
• Article 235 of the South African Constitution
International Law:
•Article 1 of the International Covenant on Civil and Political Rights
• Article 20 of the African Charter on Human and Peoples’ Rights
• Various other conventions undersigned by the South African Government
See CapeXit’s “Extended Mission” on www.capexit.org
Perhaps you can argue self-determination is synonymous with autonomy – therefore one should definitely look at the area (map) for those mostly representing the indigenous people of the area before one can claim Independence. Then there is the red herring with the International Covenant on Civil and Political Rights, Article 1 of which recognizes all peoples’ “right of self-determination”.
Under the Basic Law, the (ICCPR) International Covenant on Civil and Political Rights has no direct application, but only through local legislation, that is, the Bill of Rights Ordinance. Section 235 of SA’s Constitution acknowledges the right of cultural groups to self-determination.
Giving practical effect to s 235 is a task to be undertaken by a future Parliament. This article explores the concept of non-territorial, also called cultural autonomy, whereby culture groups can establish a legal person clothed with public law powers as an organ of government to make decisions about the protection and promotion of their culture, language, and customs. Several case studies where cultural autonomy is applied are referred to and recommendations are made for future consideration in South Africa.
Efforts at self-determination by groups in South Africa still face various obstacles, though there is room to move forward in terms of Article 235 it should not be accompanied by the perception of crude ethnic diversity.
The challenges faced in regard to efforts of self-determination was to steer clear of all perceptions pertaining to racism.
Independence will never happen! The ANC will never allow it! How can the Cape become Independent from South Africa?
Yes! It is completely legal and legislated in the South African Constitution.
Through legal means:
1a. South African law:
Accord on Afrikaner Independence
On 23 April 1994 an accord, which specifically dealt with the self-determination of the Afrikaner people, was signed by
the Freedom Front (represented by General Constand Viljoen),
the ANC (represented by Thabo Mbeki),
the South African government and the National Party (represented by Roelf Meyer).
This accord became the foundation for Article 235 of the Constitution of South Africa.
Constitution of the Republic of South Africa, 1996
The Constitution of the Republic of South Africa guarantees Independence in Article 235
“The South African nation’s right to independence as a whole, as embodied in this Constitution, does not deny, within the framework of the law, the acknowledgment of the concept of the right of any community that shares a common culture and language heritage, to self-determination within a territorial ethnicity in the Republic or in any other terms, as determined by national legislation.”
This Article is very clear on the right to self-determination which is not only guaranteed for the South African nation as a whole, but also for any community that shares a common cultural and linguistic identity. This makes provision for self-determination within South Africa by the clause “within a territorial ethnicity in the Republic” as well as for Secession with the clause “or in any other terms”.
1b. International law:
The concept of self-determination is also included in several International conventions as discussed below:
International Covenant on Civil and Political Rights
In International Law, the right to self-determination is upheld by Article 1 of the International Covenant on Civil and Political Rights that was undersigned on 3 October 1994 by the South African government and reaffirmed and undersigned on 10 December 1998. The South African government is legally bound by this agreement, of which the appropriate portion reads as follows:
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.
All people may, for their own ends, freely dispose of their natural wealth and without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
The State 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, in conformity with the provisions of the Charter of the United Nations.
African Charter on Human and Peoples’ Rights
The right to self-determination is also enshrined in the African Charter on Human and Peoples’ Rights, of which Article 20 reads as follows:
All people shall have the right to existence. They shall freely 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.
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.
All peoples shall have the right to the assistance of the State Parties to the present Charter in their liberation struggle against foreign domination, be it political, economic, or cultural.
Montevideo Convention on the Rights and Duties of States
The Montevideo Convention clearly states in Article 1 which conditions must be met when a “new” independent state is to be established, namely:
The state as a person of international law should possess the following qualifications: A permanent population
A defined territory
A government
the capacity to enter into relations with other states
2. Q: Is the Cape Independence through CapeXit looking to turn into yet another ” Afrikaner Volkstaat”?
No!
Although the proposed area is unique to a portion of the bulk of the population of the Cape, that is, language, culture and religion, (which would also be the main drive for Independence, the Independent Cape is a new country for all of its citizens. So, if you do not fit in with the aforementioned, but marginalized by the current regime, had enough of BBEEE, racism, etc., you can still be part of the drive for independence.
3. Q: What has happened so far in order to achieve Independence and what still has to happen?
There are many things happening in the background. Committees to effect the lawfully required Shadow Government structures have been and are being formed. Legal requirements are being determined, including constitution building and many other issues being tackled. So, from that perspective, much work still has to be done. The main drive now is to get the public involved, educated, and informed. This will require much funding and human resources as most of this will happen on the ground. We require all the resources we can get, so, if you are dedicated to the cause and able to contribute in any way, please contact us! We look forward to having you onboard.
4. Q: What will the CapeXit’s policy be on people wanting to immigrate to the Independent Cape and what would the immigration policy be, especially on illegals?
People wanting to relocate to the Independent Cape would have to go through a Visa process as with any other country. The laws of the Cape would determine the criteria. These proposed laws are currently being formulated and will be available in due course.
The minute the Cape is declared an Independent country, the following would happen:
The borders would be closed and manned.
Any illegal immigrants from other countries would be deported.
No illegal immigrants will be allowed in the Independent Cape
5. Q: How safe will the borders be?
Extremely safe!
Border controls and law enforcement will be applied as per international best practices.
Consider that a huge part of our borders is sea and mountains, there is not much left to guard.
6. Q: What will our local currency be?
We have various committees that will eventually become the interim government, this question will be researched and dealt with by the economics committee. The new currency will be aligned with one of the international currencies.
7. Q: How will people from all walks of life be treated in the Independent Cape?
Our people are our pride, All our people, including the elderly and poor, would be taken good care of. All people will be treated with dignity and respect.
8. Q: How will independence affect entrepreneurs and small businesses?
An Independent Cape would be a safe haven for entrepreneurs. As the country requires innovative thinking as far as governance models go, so does support our economy. Entrepreneurs are welcomed and our financial structure and tax systems will be beneficial to them. The relevant business committee will review the multitude of laws that make life impossible for SME’s, especially upcoming ones. Advantages will be given to businesses that create jobs and gives training.
9. Q: Financial implications: Would the Cape be financially stable and have a good economy?
Economically the Western Cape is self-sustaining, on all fronts. Please consider the following facts:
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Only a fraction of our current contribution to the national GDP comes back to the Cape.
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We have harbors that conform to international standards.
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We have airports which conform to international standards.
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We have telecommunications and other infrastructure which is of a first world standard.
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Once the Cape achieves independence it will yet again become the preferred destination for international investments and the return of expertise to our shores will begin.
10. Q: What will happen to the banking system?
Various options are being researched however, like in any other country, the banks can maintain the status quo in the new country.
11. Q: Is the infrastructure capable of self-sustaining?
Yes!
Existing resources will be refined and future capacity will be developed via investments. Clean energy will be implemented and archaic and expensive systems will be phased out.
12. Q: What will happen to people’s investments, savings, retirement funds, etc.?
We expect banks to remain part of the new country. Why would they not?
Financial institutions are compelled by law to protect your investments. Just like people in SA has investments overseas, similarly, people in the new country may have investments in SA.
13. Q: Is there a difference between CapeXit and Cape Party? What is the difference?
Yes, a big difference.
CapeXit is a Non-Profit Company (NPC) Registration Number: 2018/032978/08 with the CIPC (Companies and Intellectual Properties Commission), South Africa with the sole purpose of achieving Cape Independence through lawful (South African and International) means.
Cape Party is a Political type organization that shares the same vision, that of an Independent Cape.
14. Q: Is CapeXit a Political Party and can I vote for them in the 2019 Elections?
No.
One will never be able to vote for CapeXit in an election. One will however be able to vote in a referendum to decide on the achievement of an Independent Cape. This would be similar to the British when they voted YES to Brexit (UK exiting the EU)
15. Q: What will the governance structure look like?
Governance will be on a “by the people, for the people” basis. A canton type government model will be followed where the representation of the people will be in a direct, accountable manner.
16. Q: What will prevent us from sitting in the same political predicament after independence?
The current political situation came about when the national majority started enforcing their will over the national minorities. In the new country, the indigenous people will be the majority and as such can maintain the rule in governance.
17. Q: Will CapeXit become the new government?
No. CapeXit will only form the transitional government until the new governing bodies have been selected.
18. Q: How will the new government be determined?
By democratic elections which will be held within 90 days from the gaining of independence.
19. Q: What if the same political parties causing problems now vote us out and hijack the process?
All political parties participating in elections will have to present a local mandate. National mandates like BBBEE and AA will no longer be applicable. People mostly vote to keep the Cape out of ANC hands according to the mantras of certain parties. Once we are independent people will vote for parties that best conform to their own principles and beliefs. Political parties which are the cause of our current problems will be sidelined by natural selection.
20. Q: What guarantees are in place to ensure a fair and representative government?
The government will be selected by people with full accountability. The structure to get rid of incompetent councilors will be reviewed so that voters would not have to wait for 4 years to get rid of them.
21. Q: What are you going to do with the Blacks in the new country?
Why would we want or need to do anything about them?
Independence of the new country will be for all who live within. If you are a law-abiding citizen who contributes to the economy of the new country there is no reason to ask you to leave.
However, immigration laws will be tough for everybody. If you are an illegal alien you will be deported in line with the new immigration laws. If you commit acts like unlawful protests, stone-throwing, disruption of services, etc, you will be subjected to strict laws that may find you being deported.
22. Q: What benefit is there for me if I live outside the new country?
If you belong to the group of people, who qualifies for independence, your visa and passport applications will be received favorably and with preferential treatment. You will still be subjected to the normal criteria for access though. Your children and grandchildren will have a safe haven to go to should it be needed.
23. Q: How long do you think it will take you to actually get independence?
If throughout the last few months we saw various organizations promise miracles re independence and it sort of became bragging rights between Independence Organizations. Here is our take: As fast as our people allow us to. Our campaign is growing with leaps and bounds, realistically we hope 2-3 years. We will work as hard and fast as we can, but the momentum needs to snowball, our people are waking up, but every individual needs to think and live this. The positive is that suddenly there are a lot of organizations working for independence, something that was unheard of 2 years ago. In Catalonia 9 opposition organizations eventually came together, took hands, and made it work, I foresee that is what will have to happen here. So no magic, but passion, hard work and participation, and patriotism will get us there, sooner rather than later!
24. Q: Vision and Mission?
Vision
Our vision is to have the Cape Region (Western, Northern, and parts of the Eastern Cape) of South Africa declared as an Independent Country.
Mission
The quest for Independence for minority groups,
indigenous to the Cape, sharing a common language and culture,
will be achieved through a legal process provided for by:
•Article 235 of the South African Constitution
•International Law: Article 1 of the International Covenant on Civil and Political Rights
and Article 20 of the African Charter on Human and Peoples’ Rights
•Various other conventions undersigned by the South African Government
25. Q: What happens to all the current army navy air force and SAHMS personnel living and working in the Western Cape if it becomes Independent?
Who will pay our salaries? What about my current pension? What happens to those living in state DPW homes on defense force properties?
All assets will revert to the new state so homes will be retained for its occupants to continue living in. The fiscal landscape will change dramatically if you take into account that we only get back about 25% of what the WC contributes to the GDP (Luthuli House). The Economic Viability study shows that the WC can divest itself from SA favorably and without loss of any of the commitments currently carried by the national government. On our GDP contributions alone we will retain close to R 300 billion rands per year.
Pension funds will be part of the new fiscal structures so I can’t see why your fund will not participate. If they don’t devolve to the new much smaller central government structure, they will likely migrate to the relevant confederate state where you reside. This will be more refined by an economic policy.
26. Q: Who Are our Potential Allies and How Can We Reach Them?
The Coloureds, Malays, and all Afrikaans speakers in the Western Cape should be attracted by the possibility of regaining control over their own communities and respect for their language. Environmentalists and conservationists such as SANCOB and animal welfare societies should be attracted by high priority for conservation and animal welfare.
Neighborhood Watches and Rate-payers Associations should be attracted by policies of decentralization and placing policing back into the hands of municipalities and communities.
Private and independent schools should be attracted by the abolition of intrusive, expensive, and complicated registration, evaluation, and accreditation procedures by the failed “Department of Education”. Home educators should be attracted by respect for their protection and independence from all state interference. Businesses and investors will be attracted by the abolition of taxes and the restoration of honest money and a tax haven.
Foundations for Freedom
By respecting the right to self-defense, freedom of religion, the sanctity of life, the sanctity of property, freedom of speech, and freedom of communications, we can make the Cape a beacon of hope, just as Switzerland has been through the centuries. By being a tax haven with minimal taxes and no usury tolerated in the banks, Cape Town can exceed the economic success of Hong Kong and Singapore.
Bill Harington
Area Manager
CapeXit
