Proposed Repeal of Section 235 of the Constitution

Posted 29 March 2026 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: A notice of intention to introduce a private member’s Bill has been gazetted, seeking to repeal section 235 of the Constitution of the Republic of South Africa, 1996.

Section 235 of the Constitution currently provides that the right of the South African people as a whole to self-determination does not preclude recognition of the notion 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, as determined by national legislation.

The explanatory summary of the proposed Bill asserts that section 235 is “divisive” and “unconstitutional” in its current form, arguing that it creates a framework for a “state within a state”. The notice further contends that:

  • The rights of cultural, religious, and linguistic communities are already sufficiently protected under sections 30 and 31 of the Constitution;
  • The exercise of these rights is already assured regarding the freedom to form, join, and maintain cultural, religious, and linguistic associations; and
  • Section 235 persists despite the requirement that such self-determination must be determined by national legislation, which would subject the process to public scrutiny.

The proposed repeal seeks to remove the constitutional basis for any community to claim territorial or administrative autonomy based on shared heritage. Interested parties and stakeholders are invited to submit written representations on the proposed Bill by 26 April 2026.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligation; however, legal professionals should monitor the progression of this Bill as it represents a significant proposed shift in South African constitutional jurisprudence regarding minority rights.
  • For your business: Firms operating in or providing services to specific cultural or linguistic enclaves should assess the long-term regulatory and stability risks if the constitutional basis for community self-determination is removed.
  • For your clients: Clients currently relying on or seeking to invoke section 235 for territorial or cultural autonomy must be advised of the potential repeal and the 26 April 2026 deadline for public comment to protect their existing interests.

Originally published at https://legalacademy.co.za/news/read/self-determination-mk-seeks-repeal-of-constitution-section-235

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