The uMkhonto weSizwe Party (MK Party) has introduced a constitutional amendment aimed at repealing Section 235 of the Constitution, arguing that the provision creates legal uncertainty and risks being misused to promote division.
The party announced on Thursday that it has tabled the Constitution Twenty-Fourth Amendment Bill, 2026, describing the move as a necessary step to strengthen national unity and reinforce the country’s constitutional framework.
Section 235 of the Constitution of South Africa recognises the right to self-determination of any community sharing a common cultural and language heritage, within the framework of the Constitution. However, the MK Party says the clause has never been fully implemented through legislation and remains legally unclear.
According to the party, this lack of clarity has opened the door to misinterpretation.
MK Party spokesperson Nhlamulo Ndhlela said the amendment seeks to remove what the party views as a dormant and potentially misleading provision.
“We are taking a firm step to ensure that the Constitution is not misread or exploited in ways that undermine the unity of the country. Section 235 has never been operationalised, and its continued presence creates more confusion than protection,” he said.
The party maintains that repealing the section will not affect fundamental rights, stressing that protections for language, culture, religion and association remain firmly embedded in the Bill of Rights.
“There is no intention to remove or weaken any existing rights. Those protections are already clearly defined and enforceable. What we are addressing is a clause that has no practical legal effect but is increasingly being cited to support arguments that fall outside the Constitution,” Ndhlela added.
The MK Party has raised concerns that Section 235 has been invoked in discussions around self-determination in ways that suggest a constitutional basis for secession or the creation of exclusive communities.
While the Constitution does recognise cultural diversity, the party argues that it does not permit the fragmentation of the state.
“South Africa is one sovereign, democratic state. There has never been a constitutional right to secede, and this amendment makes that position unmistakably clear,” said Ndhlela.
The proposed amendment, according to the party, is intended to eliminate ambiguity and ensure that the Constitution reflects a unified and non-racial vision for the country.
Political analysts say the move is likely to spark debate, particularly among groups that have previously supported stronger interpretations of self-determination within the constitutional framework.
Some legal experts have also argued in the past that while Section 235 exists, its practical application has always depended on enabling legislation, which has never been enacted.
The MK Party, however, insists that removing the clause altogether is the most effective way to prevent what it calls “distortion” of the Constitution.
The Bill is expected to go through the parliamentary process, where it will require significant support to be adopted, including backing from multiple parties.
If passed, the amendment would mark a notable shift in how the Constitution addresses questions of identity, community and unity in post-apartheid South Africa.
For now, the proposal sets the stage for renewed national debate on constitutional interpretation, with the MK Party positioning itself as defending a vision of unity, equality and non-racialism.
