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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Constitutional reconstruction of South Africa
Author:Pheko, S.E.M.
Year:1987
Periodical:Lesotho Law Journal: A Journal of Law and Development
Volume:3
Issue:1
Pages:145-182
Language:English
Geographic term:South Africa
Subjects:constitutions
constitutional reform
Abstract:South Africa is a product of imperialism, colonialism and settlerism. These forces dispossessed the African people of Azania of their land and usurped political power by force of arms, despite African opposition and armed resistance. However, conquest cannot be a basis for perpetual colonialism, and the fundamental political disease in South Africa is that the country was not decolonized. Both the Union of South Africa Act 1909 and the Westminster Statute 1931 were between the British Government and the white settlers, without the consent of the indigenous majority African population. Meaningful constitutional reconstruction in South Africa will be brought about only when it is recognized that the dispossessed Africans of this country are fighting not for mere civil rights, but for self-determination and national sovereignty, denied them by British colonialism. Ref.