At 12h30 today, the Referendum Party (RP) will formally submit its Non-racialism Bill to Parliament. The Bill will be handed over to Mr Xola Nqola (ANC) in his capacity as Chairperson of the Portfolio Committee on Justice and Constitutional Development.
The Non-racialism Bill would primarily amend section 9 of the South African Constitution which is the section on equality. Section 9 has come to be read in a manner which permits ‘positive’ racial discrimination and the RP asserts that this is both incompatible with the founding constitutional principle of non-racialism, and unnecessary. RP recognises that actions are required to create a fairer and more equal society, but rejects the notion that these need to be racial in nature.
The Bill draws inspiration from Sweden whose Constitution also includes an equality clause, but where the Supreme Court has ruled that using racial quotas to promote equality infringes the fundamental human rights of individuals who are each entitled to be treated on their own merits. For example, a black billionaire like Cyril Ramaphosa should not be advantaged simply because most poor people are black even though he himself is not poor. Programs designed to reduce poverty should be directed at all poor people regardless of their race, even if the majority of them are then black. This is a critical distinction in a country already so blighted by racial discrimination. It is inconceivable that more racism is the solution to anything.
More than 12 600 people have signed a petition addressed to the committee in support of the Bill, and about 30 members of the RP took part in a 75km walk to promote the Bill earlier this year. They walked from the Old Victor Verster Prison in Paarl, via Stellenbosch and Belhar, to Parliament in Cape Town. Along the route they visited sites historically associated with South Africa’s fight for non-racialism.
RP leader Phil Craig, and exco member Robert King will be handing over the Bill and the accompanying petition on behalf of the party.
A copy of the Non-racialism Bill can be viewed here
DATE: 16 July 2025