Minister in the Presidency Khumbudzo Ntshavheni has confirmed that the Cape Independence Advocacy Group’s (CIAG) campaign for Western Cape secession is protected under the Constitution and does not constitute terrorism, despite calls for investigation from some political quarters.

She made the statement when she was responding to MK Party MP Thalente Khubeka, who wanted to know the reasons she has not classified the agenda of the Cape Independence Advocacy Group as an act of terrorism and investigated the conduct of its leader Phil Craig.

The group had, a few years ago, formally requested Western Cape Premier Alan Winde to call a referendum and also provided President Cyril Ramaphosa with a copy of their request.

Its campaign has resulted in calls from some quarters that the Department of Home Affairs revoke the permanent residency status of Craig, arguing that his advocacy for the secession of the Western Cape posed a threat to national security and public order.

However, Khubeka wrote to Ntshavheni wanting to know the reasons that she has not referred the matter surrounding Craig and CIAG for an investigation that would include treasonous conduct.

“What measures is the State Security Agency (SSA) taking to monitor, assess, and respond to such movements in line with its constitutional mandate to safeguard national unity and stability?” he asked.

In response, Ntshavheni said part of the mandate of the SSA was to detect, assess, and respond to threats against, constitutional order, national sovereignty, and to ensure the safety and protection South African citizens and those who live in the country.

She said the SSA operated within the framework of the Constitution, relevant national legislative and international obligations when executing its mandate.

“Therefore, the classification of any organisation or their agenda as ‘terrorism’ must be based on clear, legally substantiated evidence that meets the criteria outlined in South Africa’s counter terrorism legislation, Protection of Constitutional Democracy against Terrorist and Related Activities Act.”

Ntshavheni said there was currently no confirmed or any legal finding that the agenda or actions of the CIAG meet the threshold to be classified as terrorism.

She also stated that advocacy for political or constitutional change, including advocacy for secession, when conducted lawfully and peacefully, is protected under the Constitution.

The minister cited Section 16 of the Constitution that deals with freedom of expression, association, and political participation.

“This means that people or groups can advocate or campaign for secession but are restricted from propagating war and advocacy that incites violence.”

Ntshavheni said the SSA continued to monitor all entities that could pose a risk to national security, to ensure that no unlawful activities including incitement or undermining the sovereignty and authority of the state occur disguised under political advocacy.

Her response was echoing Acting Police Minister Firoz Cachalia, who was asked late last year about the reasons he has not classified the agenda of the CIAG as an act of terrorism and investigate Craig.

Cachalia had stated that the advocacy group was advocating for the secession of the Western Cape from South Africa.

“To date, there have been no indications or incidents of violence, security threats, or any acts that could be deemed a risk to national stability.”

He also said the conduct of Craig should be investigated by Department of Home Affairs, due to its enabling legislation, and was not a matter for the South African Police Service (SAPS).

“However, any criminal case docket opened against the foreign national will be investigated by the SAPS.”

Cachalia added that while the group has actively sought international support for its cause, all known actions and communications remain within the bounds of the Constitution.

“The group’s conduct continues to align with lawful and democratic processes.”

Neither the MK Party nor Craig could be reached for comment.

mayibongwe.maqhina@inl.co.za

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