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Critics of Cape Independence, such as Premier Alan Winde, will often argue that a referendum on Independence would have to be a national referendum, rather than provincial. This is a false claim. There is no international precedent for this being the case, and it is merely an attempt by the Premier to hide from his rights and responsibilities.

It is a widely accepted international principle that decisions on self-determination should be in the hands of the “self-determination unit” — the people seeking independence. This has been demonstrated in all the recent independence referendums, such as Quebec in 1995, South Sudan in 2011 and Scotland in 2014. In each of these cases, it was fully understood that the decision lay with the territory breaking away and not the country as a whole. Around the world, no referendums on independence have been conducted in the manner that opponents of Cape Independence, such as Premier Winde, suggest.

The decision to call a provincial referendum lies in the hands of the Western Cape Premier. Section 127(1)(f) of the South African Constitution and Section 37(f) of the Western Cape Constitution gives the Western Cape premier the right to call a referendum in accordance with national legislation.

While the existing legislation surrounding referendums is outdated and out of line with the constitution, the Western Cape Premier can still exercise this right through the judicial remedy of “reading-in”.

Therefore, the South African constitution is not blocking a referendum on Cape Independence. Rather, Premier Winde, who openly opposes independence, is the main barrier to independence. In order to force the next Premier of the Western Cape to call a referendum, it is essential that the DA is forced below 50% in the Western Cape at the next elections. So that they have to form a coalition with a pro-independence party. Any coalition agreement with a pro-independence party will require a referendum on Cape Independence to be called.