Zwakele Mncwango, the leader of ActionSA in KwaZulu-Natal, has called for significant constitutional reforms, including an amendment to Section 11 of the constitution, which guarantees the right to life without exception.
Speaking to Sunday World on Tuesday after posting some of his opinions, Mncwango argued that the right to life should not be absolute, particularly in cases involving heinous crimes.
“We are not advocating for the return of the death penalty, per se, but we do believe that Section 11 should allow for flexibility,” Mncwango clarified.
“We must empower courts to limit this right to protect innocent citizens from violent offenders. We understand that this is a complex debate, and it needs to happen.”
He argued that the current interpretation of the right to life unreasonably protects perpetrators of serious crimes.
“Even in cases where individuals are caught raping or murdering children, the state is obliged to protect the suspect’s life, even ensuring they receive the best possible medical care. This right, in its current form, fails to safeguard law-abiding citizens,” he said.
Mncwango revealed that this proposal is part of a broader submission to the KwaZulu-Natal provincial executive committee aimed at reviewing and amending key provisions of the constitution.
Among ActionSA’s proposals is a revision to the preamble, which currently stipulates that “South Africa belongs to all who live there.”
Unfair burden placed on South Africans
He proposed changing this to “South Africa belongs to South African citizens only”.
According to him, numerous constitutional rights, including the right to equality, access to health care, housing, and education, and the rights of arrested, detained, and accused persons, should be reserved exclusively for South Africans, rather than extended to everyone living in the country.
“The right to equality, as currently written, obliges the state to treat illegal immigrants the same as [South African] citizens.
“This places an unfair burden on South Africans, particularly the poor, who must share already limited resources.
“It is not sustainable, nor fair, for undocumented foreigners to benefit equally from a system funded by South African taxpayers.
“Equal rights and benefits should not extend to everyone within South Africa’s borders. Those here illegally should not be entitled to the same protections and services as citizens,” said Mncwango
He continued by saying that only South Africans should have the right to healthcare.
“No citizen should be denied access to emergency treatment by either public or private establishments. Foreign nationals with documentation should pay for healthcare services at all levels.”
The right to education and housing, he explained, should also be reserved for South African citizens, not extended to everyone living in the country.
