CONCOURT JUDGMENT VIOLATED UN CHARTER — SOUTH AFRICA'S SOVEREIGNTY SOLD OUT

By Mpho Dube, Editor-in-Chief

The Azanian | Truth. Fearless. Unfiltered.  

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JOHANNESBURG — South Africa's sovereignty has been violated.

The Constitutional Court judgment on illegal foreigners violated Article 2(7) and Article 103 of the United Nations Charter.

That is not opinion. That is law. That is the Charter South Africa signed. That is the international law that protects every nation on earth from interference.

And right now, while the country is burning with anger over borders, jobs, clinics, schools and service delivery — this judgment stands as a betrayal of the people.

Look at the current dynamics in the country today.Local government elections are days away. South Africans are going to the polls angry. Angry about water that does not come. Angry about electricity that cuts. Angry about clinics with no medicine. Angry about schools that are overcrowded. Angry about jobs taken while our youth sit at home with degrees and no work.

In townships from Soweto to eThekwini, from Tshwane to Cape Town, the same question is asked: Who is South Africa for? March and March and Operation Dudula is on the streets. Communities are marching. Taxi ranks, clinics, hospitals, schools — everywhere the people are saying one thing: Put South Africans First.

And in the middle of this fire, the Constitutional Court delivered a judgment that, critics say, unlawfully interferes with South Africa's sovereign right to manage its own immigration and internal affairs.

How can government fix service delivery when it cannot even control who is in the country? How can government plan for housing, for health, for jobs, when borders are open and the law is ignored?

That is why this judgment is not just a legal issue. It is a national crisis.

ARTICLE 2(7): IMMIGRATION IS SOUTH AFRICA'S BUSINESS

Article 2(7) of the UN Charter says: "Nothing in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter."

Immigration is domestic jurisdiction. Borders are domestic jurisdiction. Deciding who may enter, who may stay, and who must leave — that is South Africa's business alone. No court, no NGO, no foreign pressure, no outside body can lawfully interfere with that right.

But the judgment did interfere. It tied the hands of the state. It weakened enforcement. It made it harder for South Africa to protect its own people.

That is a direct violation of Article 2(7).

Article 103 is even clearer:"In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, the obligations under the present Charter shall prevail." The Charter wins. Always.

By prioritising the Constitutional Court's judgment over the UN Charter, South Africa has breached its international obligations and violated Article 103.

You cannot put a domestic judgment above the Charter. You cannot put local interpretation above international law. The Charter must prevail.

South Africa's judgment is not only unconstitutional — it is in violation of international law.Let that sink in.South Africa fought for freedom. Our fathers died for sovereignty. We fought apartheid to be a free, independent nation that controls its own borders, its own laws, its own destiny.

Now we are told we cannot control illegal immigration? Now we are told our sovereignty stops at the court door? If South Africa cannot control who enters illegally, what is sovereignty? If South Africa cannot enforce its own immigration laws, what is the Constitution for?Every sovereign nation enforces immigration. America does it. China does it. Russia does it. Brazil does it. Britain does it. Botswana does it. Why must South Africa be the only country that cannot?

Today the people are demanding three things:Respect the Constitution.

Uphold international law.Protect sovereignty.They are not asking for hatred. They are asking for law. They are asking for order. They are asking for a country where South Africans come first in their own country.

The Constitutional Court is the highest court in the land. That is why its judgments must be beyond reproach. That is why, when a judgment is said to violate Article 2(7) and Article 103, the nation must stop and demand answers.

Because if the highest court can violate the UN Charter, who will protect South Africa?

The elections are coming. The people will speak. And the message is clear:

SOVEREIGNTY IS NOT NEGOTIABLE. THE CHARTER MUST PREVAIL. SOUTH AFRICA FIRST.