Heritage Cases

NOTE: Heritage Crime Report update - File name HC[Final]-BLM and Paul Kruger, Gauteng.pdf (2021-05-14). The Heritage Crime reported on pertains to the incident of vandalism to the statue of Paul Kruger, the last President of the Transvaal / ‘Zuid Afrikaansche Republiek’ (ZAR) or South African Republic, by Black Lives Mater (#BlackLivesMatter / #BLM), first reported on in the media by Ngobeni (2020a) on Saturday, June 13th, 2020. The statue of Paul Kruger, Church Square, Pretoria, was defaced with the words “Killer – Killer”, spray-painted in red, and with the statue’s face and hands covered in red paint. The report on vandalism included further painted defacement to supporting burgher statues, attempts to write the words “we can’t breathe”, and damage to the site’s conservation fence (Ngobeni 2020a, 2020b; Mahope 2020). The attempted graffiti “we can’t breathe” bearing reference to the death of George Floyd, a Black American citizen, at the time alleged to have been killed by police officers during an arrest in Minneapolis, May 25th, 2020. Lindela Mashigo, City of Tswane, following conclusion of an initial site inspection, stated that: “The department immediately visited the site for inspection. According to some eye witnesses at the square, the statue(s) was vandalised on Monday, during a march to the US Embassy against the death of George Floyd” (Ngobeni 2020a, 2020b). The said march being an Economic Freedom Fighters (EFF) protest led by Julius Malema, in solidarity with the Black Lives Matter movement and the death of Floyd, aiming to highlighting injustices against Black people by those in positions of power (Ndamase 2020), and with amongst others, EFF poster slogans reading “Black people are not slaves” (Javier 2020). Mahope (2020) confirmed reporting of the incident to the police, with a case of vandalism opened. However, the incident constitutes more than a mere case of vandalism, it also comprises a heritage crime in accordance with the National Heritage Resources Act, No, 25 of 1999, (NHRA 1999), with specific reference to section 37 – Public Monuments and Memorials. It need be stated that neither the EFF Embassy protest in support of the Black Lives Matter movement, nor their use of posters, with specific reference to the poster slogan “Black people are not slaves”, referenced in this report, constitute contraventions in terms of the NHRA 1999. The EFF poster slogan “Black people are not slaves” and the Black Lives Matter vandalism graffiti “Killer – Killer” form part of a historical paradigm of Kruger at the head of a people, the Transvaal burghers or Boers, actively participating in slavery and / or indentured labour, described as ‘worse than slavery’, and who, often unnecessarily but primarily engaged in brutal wars with the native Black or Bantu communities of the then Transvaal / ZAR with the aim of extermination, dispersal and the acquisition of slaves. Report sections 3) Paul Kruger and 4) Background Literature serve to further inform, - and counteracting the historical paradigm.  The Heritage Crime reported on in this report bearing reference to the reported 2020 vandalism incident by Black Lives Matter to the statue of Kruger, Church Square, Pretoria, only. Recommendations: o Black Lives Matter The accused, Alicia Garza, Patrisse Cullors and Opal Tometi, founders of Black Lives Matter (#BlackLivesMatter / #BLM), or the parent body of the organization, irrespective of Chapters established or organizations / parties / movements / individuals allied with, remain ultimately responsible for compliance to heritage requirements in terms of the National Heritage Resources Act, No. 25 of 1999 (NHRA 1999), pertaining to the 2020 Black Lives Matter Kruger statue vandalism incident, irrespective of the accused not being South African citizens or not having had been in the country at the time of the incident occurring. The NHRA 1999, Section 51(5) states: Any person who – (a) Fails to provide any information that is required to be given, whether or not on the request of a heritage resources authority, in terms of this Act; (b) For the purpose of obtaining, whether for himself or herself or for any other person, any permit, consent or authority in terms of this Act, makes any statement or representation knowing it to be false or not knowing or believing it to be true; (g) Within the terms of this Act, commits or attempts to commit any other unlawful act, violates any prohibition or fails to perform any obligation imposed upon him or her by its terms, or who councils, procures, solicits or employs any other person to do so, Shall be guilty of an offence and upon conviction shall be liable to such maximum penalties, in the form of a fine or imprisonment or both such fine and imprisonment, as shall be specified in the regulations under subsection (3). It is herewith requested that the accused, in accordance with the NHRA 1999, Sections 51(5)(a), 51(5)(b) and 51(5)(g) provides the following information relating to the 2020 Black Lives Matter Kruger statue vandalism incident: 1. Presentation stipulating the reasons why the SAHRA / PHRA-G permit process was not followed; 2. Presentation explaining the particulars of the vandalism statement or representation, including but not limited to the graffiti “Killer – Killer”, attempted graffiti “we can’t breathe”, painted defacement of the Kruger- and supporting burgher statues and damage to the conservation fence; 3. Names, contact particulars and details of any organizations / parties / movements / individuals that have counselled the accused prior to or during the incident. 4. Names, contact particulars and details of organizations / parties / movements / individuals and including any Black Lives Matter Chapter that was counselled by the accused associated with the incident, including all those present at the time of the incident, but at minimum all who had actively partaken in the act of vandalism. Second to the above it is requested that the accused’s presentation of information includes a statement on the said vandalism incident with direct reference to the general principles of heritage management as stipulated in the NHRA 1999, Section 5(1), and in particular addressing Section 5(1)(d) stating that “Heritage resources management must guard against the use of heritage for sectarian purposes or political gain”, where ‘political gain’ in this case need be extended to ‘international / United States of America (USA) political gain’. Thirdly, and further to the general principles of heritage management the requested presentation of information should include a statement on the NHRA 1999, Section 5(7), with reference to the impact of the said vandalism incident on the cultural heritage value of the site, or Kruger statue complex, including the possible loss of value due to the incident associated with the use, development and conservation thereof pertaining to both present and future generations, and the effect of the incident on future research and documentation of the site. Fourthly the requested presentation of information should include a statement on the vandalism incident with reference to the Kruger statue complex as part of the National estate, in accordance with the particulars of the NHRA 1999, Section 3(3), and at minimum including commentary on the importance of the site with reference to the affected community / communities and pattern of South Africa’s history and the strong or special association of the site with the particular community / communities, with reference to social, cultural and spiritual aspects thereof. o Theme Parks / Proposal for Relocation of the Kruger statue, Church Square, Pretoria The 2020 Black Lives Matter Kruger statue vandalism incident, amongst others, reopened debate relating to the removal of Colonial Period and Apartheid statues, which reached significant heights in 2015, closely associated with the #RhodesMustFall and #FeesMustFall movements and the then proposal by Minister Nathi Mthethwa, Department of Sport, Arts and Culture (DSAC), of Theme Parks to accommodate like statues and heritage symbols (Ngobeni 2020a, 2020b; Mahope 2020). Mthethwa’s Theme Parks proposal and debate centring on the relocation of said statues received renewed attention, with varied opinion, in 2020; including, but not limited to, support from the President Ramaphosa, African National Congress (ANC). The President Ramaphosa stated that – “Monuments glorifying our diverse past should be repositioned and relocated. This has generated controversy, with some saying we are trying to erase our history… Any symbol, monument or activity that glorifies racism, that represents our ugly past, has no place in democratic South Africa”. The Democratic Alliance’s (DA) Deputy Shadow Minister for DSAC, Veronica van Dyk, cautioned that (Head 2020) – “Every statue or monument must also be dealt with individually – there is no ‘one size fits all’ blanket approach that can be adopted.” It is necessary to address Van Wyk’s ‘caution’: The relevant permit process is described in 2) Introduction – The Heritage Crime Report with reference to the three (3) principle legal documents that would guide the application process for relocation of the Kruger statute, Church Square, Pretoria, being – 1. The National Heritage Resources Act, No. 25 of 1999 (NHRA 1999); 2. The NHRA 1999 Regulations 2000 [RG No – 6820 / GN-R No – R.548]; and 3. The PHRA-G: Provincial Heritage Resources Authority, Gauteng – Permit Application Requirements. Details of the permit application process for relocation of the Kruger statue, Church Square, Pretoria, will not be further entered into for purposes of this report; suffice to state that – 1. At present no bulk heritage permitting process is in place, not intra- or inter provincial: By law (NHRA 1999 and NHRA Regulations 2000) each statue or monument proposed for relocation will need to be individually assessed. 2. With reference to the PHRA-G permit process, relevant to a DSAC Theme Parks / Proposal for Relocation that may affect the said Kruger statue complex, it is requested that this Heritage Crime Report serves as ArchaeoMaps registration as Interested and Affected Party (I&AP) in terms of the PHRA-G Permit Application Requirements public process. The contents of this report, with specific reference to 3) Paul Kruger and 4) Background Literature, echoes sentiments expressed at the time by the Freedom Front Plus (FF+) leader Pieter Groenewald with respect to Mthethwa’s Theme Park proposal and the President Ramaphosa’s support thereof (Head 2020) - “The sad truth is that the President has a warped view of the country’s history. It is clear that he is ignorant of the correct facts regarding the Afrikaner’s history…”. Principles of Groenewald’s concern so raised, - a ‘warped view of… history’ and ‘ignorance of facts’, reasonably inferred to be probable critical factors in the reported 2020 Black Lives Matter vandalism case, with reference to Kruger in specific, and Transvaal / ZAR history and heritage in general. o Other The 2020 Black Lives Matter Kruger statue vandalism incident comes with further effect to the heritage of South Africa: The impact of international- and internationally funded organizations, - be they of a philanthropic, private or government sponsored nature, whose work regularly includes a ‘community education’ component, and with heritage more than often comprising part of ‘community education’, but with no process of overview as to the quality of heritage information so contained in, and distributed as ‘history’, ‘heritage’ or ‘community education’. Resultantly no responsibility on the part of such organizations exists where questionable, sub-standard, or incorrect information is disseminated. It is here proposed that measures (i.e. Regulations) be considered to manage and verify the quality of heritage related information disseminated by international- and internationally funded organizations operating in South Africa. It is requested that this Heritage Crime Report, with specific reference to the Black Lives Matter (#BlackLivesMatter / #BLM) – June 2020: Vandalism to the Kruger Statue Complex, Church Square, Pretoria, core component thereof, comprising a basic inquiry for information be addressed within three (3) calendar months, being 06 August 2021, from the date of submission thereof (09 May 2021) on SAHRIS, - being the date on which SAHRA / PHRA-G is to formally indicate whether or not the case reported will be further pursued by them in accordance with their mandate. This report is made to SAHRA and PHRA-G, mandatory responsible for the implementation of the NHRA 1999, directly on SAHRIS, and without any contact with the accused’s office.