After going back and forth on this over the last couple of days, especially, and recalling part of the name of a a book by Koos Malan, I thought I'd give an ai engine some exercise...
Seems my concerns are shared by some people with a much higher profile than mine...
So, some people think the Constitution was flawed from the beginning. I'm one of them.
It's hardly surprising if the wording of the constitution was heavily influenced by the same Communists that authored the Freedom Charter.
Also, section 9's reference to the equity clause is hard evidence, where it talks of "unfair discrimination'', that judicial procedure relies on a human being's arbitrary adjudication.... which has to favor one party at the expense of another i.e. that is so vulnerable to corruption that it is virtually baked into the cake.
There is a clear win-win solution to this.
Unless, ofc, one side considers that a changing national borders should be subject to approval by a mob i.e. permission.
This is so ironic, given the actual injustices of Apartheid were a case of compelled association, in that case you were compelled not to associate. In this case you are compelled to associate.
Both are a violation of the right to Freedom of Association, where nobody can compel anyone else to associate.
My view is that logically speaking the constitution can be use to adjudicate on national borders, because that would form a circular argument.
The legitimacy of the constitution,
itself rests on consent by all members of those it was drawn up to represent.
People don't understand this circular reasoning, and so they keep making the logical error of putting the legal cart before the moral horse.