Heritage Cases

The Heritage Crime reported on pertains to a tweet by Ms. Mandela, member of the ruling African National Congress (ANC) and South African ambassador to Denmark at the time of the incident. The tweet, dated 13 June 2019, reads as follows: “When you came here without land you found the original people making fire. Next you’ll claim you taught us. Just like Chris Barnard learnt the basics of heart surgery from his Black gardener. What you’re good at is fantasy #Sterkfontein”. (With the ‘Black gardener’ referring to Hamilton Naki). It is argued that the tweet evidences Ms. Mandela’s use of heritage for purposes of political gain [See NHRA 1999, Section 5(1)(d): “Heritage resources management must guard against the use of heritage for sectarian purposes or political gain”], and that she did so intently, through the use of #Sterkfontein (coined with the reference to fire) in her initial post (13 June) and the follow up primary hashtag #OurLand in the twitter debate that ensued, thereby linking heritage, in this case the Sterkfontein site, a well-known site, being one of the Cradle of Humankind World Heritage Sites (COHWHS), one of ten of South Africa’s United Nations Educational, Scientific and Cultural Organization’s (UNESCO) World Heritage Sites, directly with the current land debate, centred on the ‘The Stolen Land’ paradigm and Expropriation Without Compensation (EWC). It is further argued that Ms. Mandela’s initial tweet (13 June), as well as certain follow up tweets, represent, in terms of the NHRA 1999, Section 51(5)(b): “…statement(s) or representation(s) knowing it to be false or not knowing or believing it to be true”, with basic information on South Africa’s heritage and history readily available in books, academic journal and commercial papers and articles and importantly, easily accessible on the internet. The initial tweet by Ms. Mandela (13 June), and the ‘Twitter Storm’ that ensued marked the last prominent socio-political social media endeavour by her and with lasting impact, as evidenced by the referral thereto by President Cyril Ramaphosa during an online funerary tribute to her, 17 July 2020. The President stated: “…She was brave enough to articulate her forthright views about the question of land. She did believe that indeed land was a key determinant of how our people would finally get their economic freedom. We draw many lessons from her life. Her love for motherland, South Africa, to fight against Apartheid rulers of our beautiful land. That love that she had to do that was expansive. We cannot even imagine what freedom would be, had people like Zindzi not stood up for the freedom of our people…”. Not at the time of the initial tweet (13 June) or the twitter debate that ensued did the South African Heritage Resources Agency (SAHRA), the Cradle of Humankind World Heritage Site (COHWHS) Management Authority or the Department of Environment, Forestry and Fisheries (DEFF), on whose behalf the COHWHS Management Authority manages the COHWHS comment on the incident, not on their own accord and in the absence of evidence that such comment was directly requested from another party, not at the request from such a party. The initial tweet by Ms. Mandela (13 June) bears further reference: 1) The ease with which heritage is used for purposes of political gain, be it party political or policy specific in recent years, with legislative repercussions unaddressed or ignored; 2) The heritage status quo of sites used in such cases, in the Heritage Crime reported on here on national (Sterkfontein - National Heritage Site) and international (COHWHS – UNESCO World Heritage Site) level; and 3) The heritage type sites used in such cases, in the Heritage Crime reported on, the Plio-Pleistocene fossil hominin record (and these hominins’ technological achievements) to initiate and further contemporary socio-political debate. In closure, and highlighting the necessity of the reported Heritage Crime being suitably addressed by SAHRA (and other relevant authorities), the NHRA 1999, Section 3(1) states: “For the purposes of this Act, those heritage resources of South Africa which are of cultural significance or other special value for the present community and for future generations must be considered part of the national estate and fall within the sphere of operations of heritage resources authorities”, and further thereto the NHRA 1999, Section 11: “There is hereby established an organization to be known as the South African Heritage Resources Agency (SAHRA) which shall be a body corporate capable of suing and being sued in its corporate name and which shall be governed by a Council established in terms of Section 14”. RECOMMENDATIONS This Heritage Crime report is submitted posthumously. The Heritage Crime reported on had not been addressed by the relevant authorities (SAHRA, the COHWHS Management Authority and DEFF) at the time of its occurrence. It however remains the mandatory responsibility of the relevant authorities to address it, both on a site-specific and national level, with Sterkfontein being a declared National Heritage Site, and as part of the COHWHS, a UNESCO World Heritage Site, the incident needs to be reported to UNESCO. It is recommended that the incident be first addressed by the relevant authorities, prior to reporting to UNESCO. Ms. Mandela passed on 13 July and was laid to rest on 17 July 2020. The Heritage Crime reported on can thus at best be addressed in retrospect by the relevant authorities. In doing so, the following recommendations are made: 1) That the relevant authorities make use of a media-campaign (social / mainstream media, as may be suitable) to reach the relevant audience associated with the incident (participants of the ‘Twitter Storm’) as well as the general South African community at large. 2) The particulars of the incident be relayed in the media-campaign in a transparent, clear and concise manner. 3) That, with cognisance to the fact that the incident can only be addressed in retrospect, emphasis be placed on the particulars of legislative heritage management protocol, as well as the rights and responsibilities of all South Africans towards our heritage. With respect to Ms. Mandela’s recent passing and with sympathy to family, friends and colleagues, it is recommended that a six month period be allowed (prior to, or on 26 February 2021) for the relevant authorities to address the concern / indicate their intent to address the concern in a suitable manner different from the above recommended to ArchaeoMaps.