A PREAMBLE IS NOT LEGALLY-BINDING

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By Peter Mothiba

A simple research has revealed to me that a preamble to any Constitution is not legally-binding in terms of international norms and standards.

A preamble is merely wishful thinking; a statement of intent; aspirational and devoid of any reality or hard core evidence.

This is akin to saying “we declare that there shall forever be rain in our country and no drought shall ever be known and everybody living in our country shall live in plenty and never experience hunger.”

This is a Utopian sentiment which belongs to nursery school whereby every good child wishes the world would be a perfect place without sickness, hunger, death or misery.

Now in reality, how can any country belong to all people who accidentally find themselves in any piece of land, including those who have entered the said country illegally?

This means there is no sovereignty in that country and every Tom, Dick and Harry can go and rape women there, steal, kill and go back back to their countries where there is law and order.

At the moment it is clear that South Africa is just a piece of land with no sovereignty and anyone can come in and do as they wish with impunity before running away to their original countries because they won’t be arrested as their identities are not known as they are undocumented aliens.

Now since some courts of law, political parties, human rights groups and foreigners claim that they have the right to be here willy-nilly, my question is what does the preamble on which they rely so much say explicitly?

Does the preamble explicitly say South Africa belongs to all who live in it including illegal, undocumented foreigners?

No, it doesn’t say so.

That preamble was written by South Africans for South Africans and like any other preamble to a Constitution, it was not written for the benefit of foreigners but for the benefit of South Africans.

Parts of the Constitution which deal with foreigners can be found in the Immigration laws that are in the Constitution, not in the preamble of our Constitution, please oh please!

What the aforesaid groups are relying upon is a false inference; they deliberately and wrongfully infer that the Constitution says this county belongs even to every stupid person who can manage to come here, irrespective of whether they are skilled or not, or have criminal records.

Should this matter of allowing foreigners to come to the country willy-nilly be taken to any international court of justice, then the judges presiding over the matter would, due to disbelief, grab their stomachs and fall over themselves in laughter before ruling that what the South African government and its courts of law are doing to South Africans is not only nonsensical but downright cruel.

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