Streaming issues? Report here
Aubrey Masango 2019 BW Aubrey Masango 2019 BW
The Aubrey Masango Show
20:00 - 22:00
volume_up
volume_mute

Up Next: Best of CapeTalk
See full line-up
The Aubrey Masango Show
20:00 - 22:00
Home
arrow_forward
Local
fiber_manual_record
Politics

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

More from Local

Herman Mashaba

'Was the decision taken at a shebeen in Saxonwold?' - Herman Mashaba

30 September 2020 5:50 PM

ActionSA leader Herman Mashaba says papers have been filed to appeal the IEC's decision to rejected his party's application.

Share this:
Read More arrow_forward

200930-mkhululi-lukhele-edjpg

Makhura suspends GP Health HOD over Covid corruption probe

30 September 2020 4:37 PM

The SIU found that Mkhululi Lukhele failed to exercise his responsibility in awarding certain PPE contracts to certain companies.

Share this:
Read More arrow_forward

hand-3286887-1280jpg

Telephone terminations: Clinics forced to rethink safe abortions during Covid-19

30 September 2020 2:36 PM

Reproductive health service Marie Stopes helped nearly 50 patients terminate pregnancies over the phone during lockdown.

Share this:
Read More arrow_forward

Missing Image Placeholder

Breytenbach 'vindicated' as Richard Mdluli handed jail term

30 September 2020 2:00 PM

Former Crime Intelligence boss Richard Mdluli was jailed for five years on Tuesday for assualt, intimidation and kidnapping.

Share this:
Read More arrow_forward

Waterfront-Cape-Town-wheel-tourism-123rf

Tourism: How Cape Town plans to make summer pop

30 September 2020 1:18 PM

All the interviews from the BIG Breakfast Broadcast with Refilwe Moloto on "South African Tourism, Reimagined".

Share this:
Read More arrow_forward

Accountant accountancy business 123rfbusiness 123rf

WC govt urges small businesses hard-hit by Covid-19 to apply for relief

30 September 2020 12:29 PM

The Western Cape's Head of Economic Development and Tourism Solly Fourie has encouraged small businesses to apply for the Covid-19 Business Relief Fund.

Share this:
Read More arrow_forward

Baobon paintballed in his face in Slangkop

[LISTEN]Baboon management abuse claims, City calls on Capetonians to lay charges

30 September 2020 12:24 PM

Spatial Planning and Environment Mayco member at City of Cape Town Marian Nieuwoudt responds to criticisms of baboon protocols.

Share this:
Read More arrow_forward

gun-metal-barrel-34552-1jpg

Kinnear killing exposes deep-rooted problems linked to SAPS and firearms control

30 September 2020 11:10 AM

The murder of Lieutenant Colonel Charl Kinnear has once again highlighted the issue of alleged corruption within the South African Police Service (SAPS).

Share this:
Read More arrow_forward

Don Vino Prins Just the Hits 4 October 2020

Just the hits with sax man Don Vino Prins

30 September 2020 11:00 AM

The biggest hits as chosen by one of Cape Town's best jazz saxophonists this Sunday from 10 am

Share this:
Read More arrow_forward

Stellenbosch-wine-estate-farm-dutch-style-Cape-winelands

How this Cape Town tour operator has had to learn to 'swim' again

30 September 2020 6:56 AM

Tour operator and owner of Beyond the Vine Robbie Knoetze normally catered to international tourists visiting the Western Cape.

Share this:
Read More arrow_forward

More from Politics

Hawksarrest_1578

FS asbestos deal arrests a watershed moment for SA, says Gangster State author

30 September 2020 7:06 PM

Investigative journalist Pieter-Louis Myburgh and forensic lawyer Steven Powell comment on the Hawks' corruption crackdown.

Share this:
Read More arrow_forward

Herman Mashaba

'Was the decision taken at a shebeen in Saxonwold?' - Herman Mashaba

30 September 2020 5:50 PM

ActionSA leader Herman Mashaba says papers have been filed to appeal the IEC's decision to rejected his party's application.

Share this:
Read More arrow_forward

200212rama

Nkoana-Mashabane back in court over personal costs order in District Six matter

30 September 2020 2:24 PM

Ex-Land Reform Minister Maite Nkoana-Mashabane is appealing a costs order that was issued against her in relation to the District Six restitution saga.

Share this:
Read More arrow_forward

Missing Image Placeholder

Breytenbach 'vindicated' as Richard Mdluli handed jail term

30 September 2020 2:00 PM

Former Crime Intelligence boss Richard Mdluli was jailed for five years on Tuesday for assualt, intimidation and kidnapping.

Share this:
Read More arrow_forward

Baobon paintballed in his face in Slangkop

[LISTEN]Baboon management abuse claims, City calls on Capetonians to lay charges

30 September 2020 12:24 PM

Spatial Planning and Environment Mayco member at City of Cape Town Marian Nieuwoudt responds to criticisms of baboon protocols.

Share this:
Read More arrow_forward

South African Airways SAA 123rf 123rfbusiness

SAA bailout in the balance? BRPs put airline operations on hold

29 September 2020 7:49 PM

SAA's business rescue practitioners decide to suspend airline operations. Bruce Whitfield gets comment from the experts.

Share this:
Read More arrow_forward

9baae9ab-c2ed-4d4c-bd5c-844a058f571d.jpg

How did economy shed 2.2m jobs in Q2, but unemployment rate still fell sharply?

29 September 2020 6:46 PM

'It's an abnormal report in abnormal times'. Paul Berkowitz (CEO, Hlaziya Solutions) makes sense of Stats SA unemployment figures.

Share this:
Read More arrow_forward

Herman Mashaba

Action SA confident of appealing IEC decision to reject application to register

29 September 2020 1:53 PM

The work of the new political organisation founded by Herman Mashaba will not be stopped, says chairperson Michael Beaumont.

Share this:
Read More arrow_forward

Zumastatecapture 2348

Judge Zondo is biased, my father is being targeted - Edward Zuma

29 September 2020 1:12 PM

Edward Zuma, one of the sons of former president Jacob Zuma, has echoed calls for Deputy Chief Justice Judge Raymond Zondo to recuse himself.

Share this:
Read More arrow_forward

Baboon Kataza walks past the memorial to slain Franziska Blochliger in Tokai

[READ] City of Cape Town releases statement on Kataza and baboons

29 September 2020 10:57 AM

The CoCT statement accuses residents of feeding and interfering with the baboon.

Share this:
Read More arrow_forward