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Western Cape secession 'a completely dumb idea that legally can never happen'

13 August 2020 9:40 AM
Tags:
Western Cape
Constitutional law expert Pierre de Vos
Western Cape secession

Constitutional law expert De Vos says Parliament has to amend the Constitution with two-thirds majority which will never happen.

The idea touted by fringe groups for the secession of the Western Province from the rest of the country may seem like a crazy proposition, but it has gained some traction via social media. So much so that constitutional law expert Pierre de Vos wrote an opinion piece in The Daily Maverick slating the notion.

The Cape Independence Advocacy Group states its aim of working towards independence for the Cape.

Refilwe Moloto chats to Pierre De Vos talks about the practical, legal impediments that would spell failure for any attempts to secede the Cape from the rest of South Africa.

You can have a referendum of course.

Pierre de Vos, Constitutional law expert

A referendum can be called by the premier of the Western Cape so only the people of the Western Cape can vote - or it can be called by the President whereby the entire nation may vote.

That referendum only happens if the premier or the President decides, and they decide usually, for political reasons. Usually, there is a referendum to manage some political conflict.

Pierre de Vos, Constitutional law expert

But even so, he says a referendum is not in the interests of either the Western Cape premier or the South African President so a refereendum is not a realistic possibility at all.

It is not binding. So even if 90% of the people of the Western Cape voted for secession, which of course they won't, it is not legally binding on anyone.

Pierre de Vos, Constitutional law expert

It is the national executive Parliament that would have to amend the Constitution with a two-thirds majority.

It's an idea, which I think is a completely dumb idea, but it's an idea that is completely unimplementable. It is not going to happen because there is no legal mechanism or it.

Pierre de Vos, Constitutional law expert

Aside from it being a silly idea, a provincial vote will have no impact legally or politically.

Pierre de Vos, Constitutional law expert

Listen to the interview with Pierre de Vos below:


13 August 2020 9:40 AM
Tags:
Western Cape
Constitutional law expert Pierre de Vos
Western Cape secession

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