Heritage Cases

Summary – This heritage crime report refers directly to the Economic Freedom Fighters’ (EFF) Heritage Day, 24 September 2021, march and proposal to the have the statue of Paul Kruger , Church Square, Pretoria, removed. Initial notification of the march was tweeted by Obakeng Ramabodu, regional leader for the EFF in Tswane, and retweeted by Mbuyiseni Ndlozi, national spokesperson of the EFF (Head 2021; Kahla 2021). Reports from the Heritage Day march indicated the requested removal of the Kruger statue argued as representing a “white racist” and ‘murder’, and that “Racist statues serve as a reminder of our past” (Moatshe 2021). Democratic Alliance (DA) sitting mayor Randall Williams opined the EFF’s Heritage Day call unacceptable, arguing that the actions of the EFF disregarded the importance of Heritage Day by inciting racial and cultural division (Moatshe 2021). The EFF’s Heritage Day march request was not the first of kind, and is preceded by a series of vandalism incidents and protest threats and requests to have the Kruger statue removed, including a 2015 vandalism incident coined with a request for removal of the statue (eNCA 2015; Kahla 2021), followed by a further vandalism incident in 2016 (Christian 2016), and protest request for removal and replacement in 2018 (eNCA 2018; Kahla 2021). A 2020 #BLM vandalism incident to the Kruger Statue Complex coincided with an EFF protest march to the US Embassy in support of the #BLM movement, at the time with direct reference to the death of a Black American citizen, George Floyd, who died during a police arrest on 25 May 2020, Minneapolis, and in general with reference to injustices against Black people by those in positions of power (Ndamase 2020; Ngobeni 2020a, 2020b). #BLM vandalism to the site included amongst others the graffiti slogan “Killer – Killer”, and EFF protest march posters the slogan “Black people are not slaves” (Javier 2020; Ngobeni 2020a). Both slogans form part of a historical paradigm of Kruger at the head of a people, the Transvaal burghers or Boers, who actively participated 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 / ‘Zuid Afrikaansche Republiek’ (ZAR) or South African Republic with the aim of extermination, dispersal and the acquisition of slaves. Recommendations: 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 pertaining to the EFF’s 2021 Heritage Day request for removal of the Kruger statue, Church Square, Pretoria: 1. Presentation detailing the reasons for the request for removal of the Kruger statue. 2. Names, contact particulars and details of any organizations / parties / movements / individuals that have counselled the accused prior to or during the incident. 3. Names, contact particulars and details of any organizations / parties / movements / individuals that was counselled by the accused associated with the protest and related request for the removal of the said statue. It is requested that the accused’s presentation of information includes statements on the series of vandalism incidents and protest threats and requests to have the Kruger statue removed, starting in 2015 and up to the present 2021 Heritage Day reported 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”. 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 incidents and request for removal of the Kruger statue regarding the cultural heritage value of the site, including the possible loss of value related to these vandalism incidents and requests for removal associated with the use, development and conservation of the site, pertaining to present and future generations, and the inferred effect of the request on future research and documentation of the site and associated heritage. Fourthly, the requested presentation of information should suitable address the request for removal of the Kruger statue 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 the social, cultural, historical and spiritual aspects thereof. * * * Attention is herewith called to the heritage permitting process, applicable to any consideration for relocation of the Kruger statue, be the application made by the EFF, the DA (Democratic Alliance) or ANC (African National Congress), as per the EFF’s march notifications (see Plate 1), or any other organization / party / movement / individual, with the three (3) principle legal documents that would guide the permit application process in this case 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. It is herewith requested that this Heritage Crime Report serves as ArchaeoMaps registration as Interested and Affected Party (I&AP) for the PHRA-G Public Participation Process (PPP) related to an application for relocation of the Kruger statue as result of an EFF request therefore, be the application for relocation made directly by the EFF or otherwise. Attention is further drawn to SAHRIS CaseID 16010 submitted earlier in 2021. The purpose of including reference to the SAHRIS case in this report being that this is not the first Heritage Crime Report regarding conduct of the EFF with reference to heritage legislative concerns. It is requested that this Heritage Crime Report comprising a basic inquiry for information be addressed within three (3) calendar months (with cognisance to the festive season), being 31 January 2022, from the date of submission thereof (06 October 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.