The Referendum Party pushes for a constitutional amendment to end racial discrimination

The Referendum Party (RP) has circulated a draft Non-racialism Bill, formally titled the ‘Constitution Twenty-First Amendment Bill’, inviting public comment on what it argues will dismantle all race-based policies in South Africa.

The Democratic Alliance, despite championing nonracialism in their manifesto for many years, has made no attempt to fight racial discrimination, and in fact champions BEE procurement processes in its municipal and provincial governing structures years after the Constitutional Court rules those laws unenforceable.

The aim of the present campaign is to force other political parties to put their money where their mouths are, and challenge the anti-minority racialism of the present legal order.

As Martin van Staden of the Free Market Foundation has demonstrated, South Africa currently has more race-based laws than at any point in its history:

At the core of this proposed legislation are two principles: the recognition of individuals as unique, deserving to be assessed on their specific circumstances, and the belief that state efforts to redress past injustices must not themselves perpetuate new forms of discrimination. In essence, the RP seeks to recalibrate South Africa’s approach to equality, challenging the persistent influence of racial categorisation.

A draft of the Bill is accessible here on the party’s website, and the RP has sought feedback from the public through its website and the Dear SA platform. It has also reached out to political parties, civil society groups, and business organizations for their input. Once the consultation phase concludes, the RP plans to present the Bill to Parliament’s Portfolio Committee on Justice and Constitutional Development.

Phil Craig, the party’s leader, is unambiguous in his critique of race-based governance. “Non-racialism is a founding principle of our Constitution, yet we still govern with racial classifications nearly three decades post-Apartheid,” he says. “The Referendum Party stands firmly for non-racialism, and if others lack the will to pursue it, we will. The time has come.” Craig is optimistic that broad public engagement will yield a consensus strong enough to push the Bill forward, bringing South Africa closer to a truly non-racial society.

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