South Africas Section 235 and Umkhonto We Sizwe Explained

234. Charters of Rights 235. Self-determination 236. Funding for political parties 237. Diligent performance of obligations 238. Agency and delegation 239. Definitions 240. Inconsistencies between different texts 241. Transitional arrangements 242. Repeal of laws243.

The Applicant was a commander of Umkhonto weSizwe ("MK") the military wing of the African National Congress ("ANC") based in various of the neighbouring countries during the period 1977 until 1992. In this capacity he was actively engaged in the armed struggle waged by MK and the ANC inside ...

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.

For nearly three decades, Umkhonto we Sizwe (MK), the armed wing of the African National Congress (ANC), waged a violent revolutionary struggle against the apartheid state in South Africa. Stephen Davis works with extensive oral testimonies and the heroic myths that were constructed after 1994 to offer a new history of this armed movement.

(2) shall be enrolled of record in the office of the Registrar of the Appellate Division of the Supreme Court in such official South African languages as may be required in terms of section 3, and copies of the Act so enrolled shall be conclusive evidence of the provisions of the Act.

The uMkhonto we Sizwe Party (MKP) ... Section 235 of the Constitution, which gives communities with a common cultural and language heritage the right to pursue self-determination....

Before implemented, this article ... 34 constitutional principles as the basis for this review. In March 2026, The Umkhonto we Sizwe (MK) Party has gazetted its intention to repeal Section 235 of the Constitution....

Bertus De Villiers, Is it Possible to Define the Impossible – What is a ‘Community’ for Purposes of Section 235 of the Constitution of South Africa?, International Journal on Minority and Group Rights, Vol. 27, No. 4 (2020), pp. 826-854

The DA said that the WCPP did not have the exclusive right to speak on behalf of the Western Cape people as they were all also South African citizens. The Parliamentary Legal Advisor comment that section 235 of the Constitution on self-determination was not an exclusive provincial legislative competence as section 235 provided for national legislation.