Cape Town - The Western Cape High Court has described the Stellenbosch District Municipality as being "out of breath" in keeping up with work to construct a democratic and constitutional dispensation, especially for an African child in its jurisdiction.
This followed its "cold and unjustifiable" decision to deny the Basotho and Bahlubi initiation forums access to the Ida’s Valley site for the summer initiation season last year.
The initiation forums were informed at the last minute that they would not be given access to the site for the summer initiation season, with the municipality saying the area had been flagged as a fire risk.
Aggrieved by this decision, the forums approached the office of the public protector, the SA Human Rights Commission and the Commission for Cultural and Linguistic Communities for intervention.
They also turned to the Western Cape High Court and were later granted a temporary order allowing them to proceed with the initiation season at the site, pending a court ruling.
It was during this pending decision that one of the initiate's parent allegedly had a firearm pointed at him by a white cyclist.
In his judgment, Judge Daniel Thulare found that Stellenbosch District Municipality was simply cold, aloof and unjustifiably removed from its obligation to respect, protect, promote and fulfil the values to which South Africa bound itself as a nation in its decision.
“The applicant’s case was that the initiation school community was not consulted prior to the decision being made.
At best the Municipality’s answer is that this allegation was noted. The applicant said that the initiation school community received a Whatsapp message from a Municipal official that the Municipality would not grant them access to hold initiation at Idas Valley. The respondent in answer simply noted the allegation.
“The right to enjoy one’s culture, because of our history in South Africa, is written in blood and tears in the hearts of African people in particular and blacks in general.
“In my view, where the intended action of the Municipality like Stellenbosch tended to infringe on those rights, there was a need for adequate consultation with all interested and affected parties before a decision was considered,” he said.
The deployment of the Municipal Police to cordon off the area around Ida Valley where the initiation school was under way, to prevent a principal, family members and care-givers to initiates who enjoyed the culture of initiation, which included unrestricted access to the initiates, was heavy handed and unlawful, said the judge.
“The closing off of the area and the prevention of movement into Ida Valley to the initiates, deprived the principal, family members and care-givers of control and power over the site and the initiates. The principal, family members and care-givers were dispossessed of Ida Valley and the initiates.”
He also took a swipe at Stellenbosch Municipality acting municipal manager Anna Maria Cornelia De Beer, saying the less said about her ignorance and refusal to understand African culture in general, and an initiation school in particular, the better.
“The attitude of the respondent, as demonstrated by De Beer, is that the Stellenbosch District Municipality is simply out of breath to keep up with the nation at work to construct a democratic and constitutional dispensation, especially for an African child in its jurisdiction.
“De Beer, who is the Acting Municipal Manager for the Stellenbosch Municipality, is simply crying out loud for social context training.
“This call is necessary to be heeded, urgently, before she does a lot of damage to the project of nation building.
She clearly lacks that element of equal concern and respect which is expected of a Municipal Manager in a transitional phase from apartheid to an ideal constitutional state.”
The court directed the municipality to restore and grant unrestricted access to parents and family members of the initiates.
They were also ordered to pay costs.
Attempts to reach De Beer were unsuccessful.
Stellenbosch Municipality spokesperson Stuart Grobbelaar said: “We are merely the land owner in this case and not the custodians of initiation schools. National Environmental Legislation prohibits fires in nature areas. The Cape Winelands District Municipality Fire Services did not issue a burn/ fire permit.
Without this permit, the schools could not go ahead as they need to make fires as part of their initiation rituals.”
Thabiso Mokhachane of the Basotho and Mahlubi task team said: “We would like to thank all the Basotho and Mahlubi community for entrusting us with your lives during this process.
“The judgment confirms our position. We respect the law and we are for the law. In this case the municipality acted out of reach.”
Cape Times