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#Post#: 21--------------------------------------------------
Independence 'Laws'
By: Hawk Date: March 17, 2018, 4:01 pm
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Ian Golombick - Facebook Link
HTML https://www.facebook.com/ian.golombick/posts/10215801267930363
13 March at 10:33
Some more info about our independence. Lots of people say it
cant happen the government will never allow it. Blah blah blah.
In terms of our constitution;
Section 231 (5) of our constitution; states that the Republic is
bound by international agreements which were binding on the
Republic when this Constitution took effect.
Furthermore in terms of Section 232 of our constitution;
customary international law is law in the Republic.
International agreements and Law states as follows;
The International Covenant on Civil and Political Rights, states
that all people have the right to self-determination and to
pursue economic, social and cultural development, and that they
may freely dispose of their natural wealth and resources without
prejudice. The covenant also declares that states party to it
must promote the realisation of those rights
Article 1 of the United Nations Charter[14] and various UN
General Assembly resolutions ensures self-determination,
sovereignty and independence to all people even us.( BTW our own
Genl. Jan Smuts wrote this Article in the UN Charter as one of
its founding members after WW2)
Chapter 1, article 20 of the Organization of African Unity's
African Charter on Human and Peoples' Rights, states that all
people have an inalienable right to self-determination, and
declares that oppressed people have the right to free themselves
from domination by any means recognised by the international
community.
Thus we have an internationally and constitutionally regonised
right to self-determination that must be complied with.
Customary international law specifies 3 minimum standards for
statehood. And they are as follows;
You must have a defined territory, we do.
You must have a permanent population, we do.
You must have a government, we do.
Then Section 31 (1) of our constitution, states;
Persons belonging to a cultural, religious or linguistic
community may not be denied the right, with other members of
that community
(a) To enjoy their culture, practise their religion and use
their language; and
(b) To form, join and maintain cultural, religious and
linguistic Associations and other organs of civil society.
In addition Section 235 of our constitution, states;
Self-determination
The right of the South African people as a whole to
self-determination, as manifested in this Constitution, does not
preclude, within the framework of this right, recognition of the
right of self-determination of any community sharing a common
cultural and language heritage, within a territorial entity in
the Republic or in any other way, determined by national
legislation.
Then;
In terms of Section 37 1 (f) of the Western Cape Constitution;
The Premier of a province has the powers and functions of
calling a referendum in the province in accordance with national
legislation, which in this case is the Referendums Act, No. 108
of 1983, and the Referendums Amendment Act, No. 97 of 1992:
This means if your Premier has the Political motivation to do
so, SHE can call the referendum, right now!
In order to get the premier to have that kind of motivation we
need 51% of the registered voters in the Cape to support us.
The further criteria for calling a referendum are spelled out in
the Referendums Act, No. 108 of 1983, and the Referendums
Amendment Act, No. 97 of 1992:
To which requirements we all satisfy.
The referendum will be conducted in terms of the Electoral Act,
1998 (Act No. 73 of 1998) and in terms of section 26 (a) of the
Electoral Act only a registered party may partake in an
election.
So to all those with doubts it looks like there is a way AND WE
ARE GOING TO DO IT.
Ok thats a LOT and no spelling or typing errots means I copied
it
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