Biocultural Rights Journey with Rooibos 227
African Human Rights Commissioner (2016) affirmed the reality of a “cultural
genocide” as follows:
According to representatives for indigenous communities, the perpetuation
of what they deem to be ‘cultural genocide’ continues as a result of the lack
of recognition of indigenous peoples, together with inadequate measures
to promote protect, and preserve indigenous culture and tradition. The
prevailing lack of recognition and invisibility of Khoi-San groups exacerbates their vulnerability and marginalisation, fuelling their sense of an
identity crisis and contributing to the assertions in submissions that indigenous persons are unable to access their full entitlement of rights contained
in the Bill of Rights.
(ibid., p. 36)
Up until recently and throughout the BCP process, the Khoikhoi communities
were not constitutionally recognised by the state, in terms of national legislation, as a customary/Indigenous community ( Jansen, 2019). However, with the
signing of the Traditional and Khoi-San Leadership Act 3 of 2019 into law and its
commencement date of 01 April 2021, a new moment has since been heralded
for state affirmation of the Khoikhoi as self-identifying African Indigenous communities. With this legislation, the Khoikhoi will be included in South Africa’s
traditional leadership and governance system on par with other customary communities ( Jansen, 2019). Not only is this symbolically key for recognition of
self-identification and dignity, but it is also significant in relation to conferring
formal representation at different levels of government. This will pragmatically
facilitate greater access to justice “as communities who have so far been formally
left outside of the South African rule of law as it pertains to their cultural recognition, customary communities, Indigenous languages and ancestral lands”
( Jansen, 2021, p. 135).
While the Khoikhoi were not previously recognised in South Africa’s constitution system, the communities have been represented by the National Khoi
and San Council (NKSC) since 1999. In 1999, the state commissioned the
Status Quo Reports of 1999, to research the leadership claims of the Khoikhoi
and San. Former President Nelson Mandela then established the NKSC based
on the reports’ recommendation to do so, given the absence of a national body
to govern the communities’ interest (National Khoi and San Council & Cederberg Belt Indigenous Farmers Representatives, 2019). The NKSC continues
to act as a
national, non-statutory and voluntary organization with its own legal personality, set up as a negotiating body for the Khoikhoi and San peoples of
South Africa to represent their constitutional interests and to accommodate
the Khoikhoi and San mandates within government departments.
(ibid., p. 46)
African Human Rights Commissioner (2016) affirmed the reality of a “cultural
genocide” as follows:
According to representatives for indigenous communities, the perpetuation
of what they deem to be ‘cultural genocide’ continues as a result of the lack
of recognition of indigenous peoples, together with inadequate measures
to promote protect, and preserve indigenous culture and tradition. The
prevailing lack of recognition and invisibility of Khoi-San groups exacerbates their vulnerability and marginalisation, fuelling their sense of an
identity crisis and contributing to the assertions in submissions that indigenous persons are unable to access their full entitlement of rights contained
in the Bill of Rights.
(ibid., p. 36)
Up until recently and throughout the BCP process, the Khoikhoi communities
were not constitutionally recognised by the state, in terms of national legislation, as a customary/Indigenous community ( Jansen, 2019). However, with the
signing of the Traditional and Khoi-San Leadership Act 3 of 2019 into law and its
commencement date of 01 April 2021, a new moment has since been heralded
for state affirmation of the Khoikhoi as self-identifying African Indigenous communities. With this legislation, the Khoikhoi will be included in South Africa’s
traditional leadership and governance system on par with other customary communities ( Jansen, 2019). Not only is this symbolically key for recognition of
self-identification and dignity, but it is also significant in relation to conferring
formal representation at different levels of government. This will pragmatically
facilitate greater access to justice “as communities who have so far been formally
left outside of the South African rule of law as it pertains to their cultural recognition, customary communities, Indigenous languages and ancestral lands”
( Jansen, 2021, p. 135).
While the Khoikhoi were not previously recognised in South Africa’s constitution system, the communities have been represented by the National Khoi
and San Council (NKSC) since 1999. In 1999, the state commissioned the
Status Quo Reports of 1999, to research the leadership claims of the Khoikhoi
and San. Former President Nelson Mandela then established the NKSC based
on the reports’ recommendation to do so, given the absence of a national body
to govern the communities’ interest (National Khoi and San Council & Cederberg Belt Indigenous Farmers Representatives, 2019). The NKSC continues
to act as a
national, non-statutory and voluntary organization with its own legal personality, set up as a negotiating body for the Khoikhoi and San peoples of
South Africa to represent their constitutional interests and to accommodate
the Khoikhoi and San mandates within government departments.
(ibid., p. 46)