March to prison on Heritage Day
Activists and politicians appeal to Ramaphosa to recognise indigenous law by releasing King Dalindyebo
A GROUP of activists and politicians spent Heritage Day demanding recognition of indigenous law as they marched to West Bank prison in East London to ask for the release of King Buyelekhaya Dalindyebo.
Dalindyebo is serving a 12-year jail term for kidnapping, arson and defeating the ends of justice – committed in 1995 and 1996 against his subjects. He was found guilty by the Mthatha High Court in 2009 and started serving his term in December 2015.
The group, made up of politicians, the clergy and traditional leaders, marched from East London City Hall to the prison under the banner of #FreeBuyelekhayaDalindyebo. They included top lawyer and EFF national chairperson advocate Dali Mpofu.
Mpofu said: “We support this march because it is for a good cause. This is not an EFF march, but we decided to support it because it is an issue we took upon ourselves as the EFF since the day our king was incarcerated. This march is a way of celebrating our Heritage Day. We know the law has taken its course and we can no longer take the matter to courts, but we want to appeal to the president and the government of this country to decide if it wants to recognise foreign laws over indigenous laws.
“There are two systems of law in this country – one (Roman Dutch Law) came with foreign people and the other one (indigenous law) has always been here. Why is it that the foreign system is seen as superior and above our own system? Why (the government) cannot take into account that the allegations against our king were the acts he performed in his capacity as king. He did not just wake up and get involved in this. People came to him in his capacity as a leader to intervene.”
Azapo provincial secretary Chris Swepu, said: “We wrote to President Cyril Ramaphosa on June 29, appealing that he must apply Section 82 (4), subsection 1 of the Constitution that gives him prerogative in the interest of the public to pardon the king. Sadly, he has not responded. As Azapo we are clear, having studied the Constitution of this country, that it is in the interest of the public that the king be released from prison.”
The petition was handed to Sheila Ntetha, East London acting area commissioner for the Correctional Services Department.
Mpofu said they would continue to make a follow-up to make sure Ramaphosa responded to the petition.
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EAST Griqualand community members have told deputy president David Mabuza that they want government to recognise their existence by giving them back their land, which they lost to colonial rule.
They also want important buildings and roads in Kokstad, the Southern KwaZulu-Natal town they recognise as their capital, to be renamed after their popular leader, Adam Kok III.
Mabuza chose Kokstad as the main Heritage Day commemoration venue in the honour of Kok III, who was a Khoisan struggle stalwart.
Mabuza yesterday unveiled a statue of Kok III and renamed the main Greater Kokstad Municipality building after their leader.
East Griqualand traditional council leader Ralph Ruiters said the government needed to fast-track the passing of the Traditional and Khoi San Leadership Bill to in order to restore the dignity of the community.
“The bill is waiting in Parliament, and if it is passed it would have a tremendous effect on us as the Griqua nation, or as the Khoisan nation, whereby our leaders would be recognised. Our leaders would then apply to be recognised as queens and kings in South Africa,” said Ruiters.
He said there should be a process of identifying leaders who qualified to be kings and queens.
He said East Griqualand covered Umzimkhulu and Bulwer in KwaZulu-Natal, and Matatiele and Khai River in the Eastern Cape.
“We are in the process of initiating discussions (with the government) over our recognition as the Khoisan nation. We need to see streets, buildings, stadiums and hospital names changed in recognition of our Griqua leaders,” said Ruiters.
Kok III’s great-great-granddaughter, Vanita Kok, said the family wanted the town’s name to remain the same.
She said prior to the dispossession of the land, East Griqualand was, under Kok III, a sovereign country with its own systems, flag and national anthem. She said after the death of Kok III, her nation was overlooked by the authorities.
“This is a very emotional time (unveiling of Kok III statue), that our youth can now learn about their own culture and heritage, and about who Adam Kok III was. We are really grateful to the government and local mayor, Bheki Mtolo, for affording us the opportunity to tell our story,” she said.
Mabuza said South Africans should no longer hold on to the past that divided them. “We must never allow ourselves to be beholden to the pains of yesterday, more than we are to the promises of a better tomorrow. He said people of all races should share the land, because it was enough to benefit all of them.”