First Phase Archaeological Investigation: Farm 820 a portion of Portion 1 Somerset West
Report Prepared for City Of Cape Town Fire Service
Mr Dawid Falck HOD Special Projects Fire Services - City of Cape Town Corner Broadway & George Street Strand
February 2010
MarY Patrick & Jean Blanckenberg
Cape Archaeological Survey cc Unit 2, Greenwich Grove, Duke Road Rondebosch
Tel: (021) 685 6158 Fax: (021) 6852817 email:[email protected] Executive Summary
This report explores early land use in the Somerset West area for the specific purpose of identifying an unmarked graveyard, thought to be located on the footprint of a portion of Farm 820, which is earmarked for the development of a new fire station by the City of Cape Towns Fire Service Department. A foot survey of the site indicates that there are no above ground markers that identify the study area as a graveyard. However, a portion of land immediately adjacent to the site has clear, above ground markers from a historic graveyard. The head and footstones are simple naturally occurring stones which have been used as a marker to distinguish one grave from another.
Archival research indicates that the study area was a piece of Crown land granted in Freehold to the Municipality of Somerset West and that by 1929 a request to develop a graveyard for use by the Church of England and Wesleyan denominations had been made to the authorities. By 24 March 1931 the Works Committee of the Somerset West Municipality had submitted a layout for the proposed Waterkloof Cemetery, which was unanimously adopted and a portion of land was sub-divided between Morkel's boundary and the road to the depositing site for the purpose of giving access to both the European and Coloured Cemeteries created there. The remaining portion of the site, fronting on the Main Road was sub-divided into two equal parts for the purpose of creating a graveyard for the Roman Catholic and Jewish community. A fence was erected in each of the four cemeteries and separate gates erected into each graveyard .
The first burial at Waterkloof is recorded in the Somerset West Register of the Department of Home Affairs as that of Jan Stoffels who died at the age of 15 months on 7 November in 1928. Six years later, in 1937, additional documentary proof that the graveyard had been utilized comes from Municipal minutes. A request was made by the Divisional Council in Stellenbosch to expand the main road into a National road, by 50 feet on either side, which would impact on twenty-four graves. Subsequent minutes indicate that the new road be made by the Divisional council across the Cemetery, at a site agreed on by both parties, which was to take the place of the Cemetery road now incorporated in the 100 feet road widening .
Municipal minutes dated from 1938-1951 record the ongoing decisions regarding maintenance of the Waterkloof graveyards, but no site plan was found during the current search to verify which religious denominations buried there dead on each portion of the site.
2 A preliminary public consultation process was implemented by The City of Cape Town in 2007/8 with local residents living in the Mfuleni informal settlement to the East of the site. The residents indicate that a number of burials are located on the study erf, despite the lack of above ground markers, and have submitted a sketch to the authorities which locates on the ground the 'black', 'coloured' and 'white' graveyards. We support the community's interpretation of the site which independently verifies the descriptions of the four cemeteries set out in Municipal minutes.
The details of this research was used during a community public participation programme which was implemented during September and November 2009 to facilitate an open and transparent consultation process. The results of the consultation process demonstrated that those who registered as the Waterkloof next-of-kin were unanimous in there decision that NO trial excavation or exhumations would be allowed on the study erf. . In this regard the community likened the proposed exhumation as another 'forced removal' from the land.
The community request that the Waterkloof graveyard be restored as a sacred landscape and that a memorial plaque and boundary fence be re-installed, and that the ongoing upkeep of the graveyard should be borne by the City of Cape Town. In light of this, the City of Cape Town should find an alternate site to develop the proposed emergency fire station.
Given that no trial excavations or exhumations are to be allowed on the study site, no permit application to the heritage authorities is required under section 36 of the National Heritage Resources Act. However, a copy of this report should be lodged with Heritage Western Cape as a public record of the I&APS wishes from the Mufleni community.
The site should be re assessed in light of the Cities Land Management portfolio by the Parks Department, who currently maintain graveyards. A series of meeting should be set up with the Mfuleni community to discus how best to memorialize the site.
3 TABLE OF CONTENTS
Executive Summary ...... 2 1. Introduction ...... •...... •...... 6 2. Background. History & Methodology ...... 6 3. Site History & Description ...... 11 4. First Phase Public Consultation ...... 13 5. Discussion ...... 15 6. Second Phase Public Consultation ...... 16 7. Results ...... 19 8. Conclusions ...... 19 9. Recommendations ...... 19 10. Sources searched ...... • ...... 21 11. Project Team ...... 21 12. Acknowledgement...... 21 13. Appendices ...... 21
List of Figures 4 Figure 1: Location Map ...... 6 Figure 2: 17th century map of the Study Area ...... 9 Figure 3: Aerial Map ...... 12 Figure 4: Surveyors diagram No 2658 (1906) ...... 13 Figure 5:Sketch plan of the Waterkloof graveyard by a community member ...... 14 Figure 6: Sketch plan of the Waterkloof graveyard by a community member...... 15 Figure 7: Photographic record of a site inspection November 2009 ...... 18
List of Appendices
Appendix 1: Table of Historical Events for Farm 820 ...... 22 Appendix 2: Copy of the Title Deed Farm 820 a portion of Portion 1, Somerset West...... 26 Appendix 3 Minutes of meetings pertaining to the development of Waterkloof ...... 27 Appendix 4: Letter from Mfuleni resident T Mbalula during public consultation ...... 31 Appendix 5: Public consultation advertisements HelderPos on July 14th 2009 ...... 32 Appendix 6: Minutes of Focus Group Meeting 19.9.09 ...... 34 Appendix 6a: Register of participants at Focus Group Meeting ...... 36 Appendix 6b: List of interred relatives provided by Mr. Silvester Moloi...... 38 Appendix 7: The list of Interested Parties 31 st August 2009 ...... 39 Appendix 8: Minutes from 19 November Focus Group Meeting ...... 40 Appendix 9: I&APS register 19 November Focus group Meeting ...... 43
5 1. Introduction & Brief
This report was commissioned by the City of Cape Town Fire Service to evaluate the presence or absence of human burials situated on a portion of land known as Farm 820, Waterkloof, Somerset West. The land has been designated as the site for a new emergency fire station to serve the growing population of the Sir Lowry's Pass area in the Helderberg. In compiling this report my client is complying with the regulations set out in the National Heritage Resources Act (NHRA) 1999; Section 36 which deals with the management and mitigation of burials older than sixty years. Figure I shows the geographical location of the site in the Western Cape which is located at 34' 06 ' 20. 92' S and 1T 46' 36. 39'E
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Figure 1: Map showing the location of Waterkloof near Somerset West (Map Reference. Strand 341888) and a Google Earth image of the area showing the site location.
2. Background History & Methodology
This section of the report evaluates land settlement patterns in the 17'h _20 th century, and early travellers' descriptions and observations of the study area. The systematic layering of these historical events is used in an attempt to identify land use as well as the population group and religious denomination of the people who may have used the study erf. Table 1 summarises landownership in a timeline and describes the owners and occupiers of the land as well describing site boundaries and the terms and conditions of ownership (see appendix 1)
• The contact person for this project is Mr David Flack, Special Project Manager, City of Cape Town Fire Services Fax: (021) 8504249 , Cell: 0842221248 6 17'h century In June of 1657 Van Riebeeck recorded in his Journal: "Three freemen had without our knowledge proceeded inland about 15 hours walk, mainly southwards ... ln the vicinity of a very beautiful river, on both sides of which bitter almond trees grew in profusion and in such fine fertile soil that, according to them the Cape valleys bear no comparison therewith, they had found two native encampments numbering about 500 or 600 people who called this place their Fatherland or Holland, to give our men an idea of the abundance of food and excellent pasturage to be found there." 1
Other accounts of the region were received, and by 1672, when the need was felt to find new grazing land for the Company's livestock, this area was decided upon for a new Cattle Post. Accordingly, on 17 October of that year Sergeant Pieter Cruijthoff, with twelve soldiers and three heavily laden ox-wagons, set out eastwards across the sandy wastes separating the small Cape settlement from the lush well-watered land of the Hottentots Holland. The site of Cruijthoff's cattle post is thought to be to the west of the Tweede Rivier (now the Lourens River) somewhere between the Somerset West Main Road and the railway line - borne out by reference to old maps of the area which indicate a fortified building and cattle kraals marked as "Company's Grazing Rights,, 2
Seven years later, in 1679, Commander Simon van der Stel, made a journey of inspection to the Post and, on the return trip camped overnight in a valley, surrounded by mountains, through which ran a stream of clear water. So enchanted was he by the spot that he decided to establish a settlement there and the thriving farming district of Stellenbosch was born. Further to the east in the area of the Hottentots Holland two free-men had been granted the use of a large tract of land for a three year period, and were also given cattle and sheep, seed for the first year's sowing, and an issue of rice.3 These two were the pioneer farmers in the district and soon several other farms had been established at the foot of the high and forbidding mountain range which appeared to bar any further exploration to the east. However, in 1663, Hendrik Lacus, a Company surveyor, had followed a track made by herds of eland and other game over the mountain and opened the way for later travellers who were to make the same tortuous journey over the infamous Hottentots Holland Kloof. Today the marks of wagon-wheels are still to be seen, cut deep into the rocks to the north of the present road, and bear witness to the passage of the hundreds of wagons, drawn by the labouring oxen that so often fell to their deaths from the perilous slopes. A section of the track near the summit has been proclaimed a National Monument.
I Taken from The Story of Hottentots Holland by Peggy Heap. First published by A.A. Balkema 1970. 2 Ibid 3 Ibid 7 18th century
On early maps the Hottentots Holland 'Cloev' is marked, and at its foot the 'Cloevermaker's Huijs' was also used as a toll. Charges levied were four schellings for a loaded wagon , two schellings for an empty wagon or cart and one schelling for a riding horse. Also marked on the map, close to the road leading up the Kloof, was another house indicated as belonging to Koppen which was later developed into an Inn, a row of rooms incorporated into the homestead of the farm Goedeverwachting, built by Jan de Vos the keeper of the kloof in 17954 Prior to this accommodation traveler's often had to sleep out in the open, as indicated by the Swedish Botanist Anders Sparrman who wrote during his travels at the Cape between the years 1775 and 1776: "As soon as the cool of the evening came on we continued our journey over the Eerste River to the foot of the High Mountain called Hottentots Holland Kloof (formerly Gardouw (Eland's Path) of the Hottentots). The environs here were higher and less parched up than in the former part of our journey, and were besides adorned with several pleasant farms. It was already night and as dark as pitch when we alighted. We made a little fire by which, after we had finished our moderate supper, we went to sleepS
On 5 May 1798 Lady Anne Barnard and her husband Mr Andrew Barnard, the newly appointed Colonial Secretary set out for a "journey into the interior of the country" with a wagon, coachman and eight horses. They spent the night at the farm of Mr Morkel, Onverwacht, where they hired oxen to take them to the foot of the kloof which they reached in about an hour .... Twelve more oxen were harnessed to their wagon and the ascent began. "For the first mile, writes Lady Anne " wherever the eye turned there was heath, sand, sea, mountain, scarce a house to be seen, no cultivation and, of course, no population 6.
By the end of the 17th century several large farms had been established in the area around the foot of the kloof, and in 1773 the early traveller, Thunberg, wrote " at the foot of the mountain lie several pretty farms which I did not leave unvisited .. 7. One such farm was Onverwacht which the Morkel family acquired in 1718, and which has an unbroken record in the Hottentots Holland of family ownership spanning three centuries. The farm , measuring 118 morgen was granted in 1703 to Jan Hartog, the Company's head gardener, from whom it was transferred to Willem Adrian van der Stel in 1706. It passed through
4 Taken from The Story of Hottentots Holland by Peggy Heap, first published by A.A. Balkema in 1970. In her book the author shows a photograph of the ruins of the old Toll House whic h were still visible behind the Goedeverwachting homestead when the book was published in 1970. 5 Taken from Anders Spamnan's Travels in the Cape 1772-1776, Van Riebeeck society, Edited by Vernon Forbes. (Page 135) Volume I page 136 6 Taken from Th e Story of Hottentots Holland by Peggy Heap, first published by A.A. Balkema in 1970 7 T1lUnberg's Travels at the Cape, I January 1773 8 several owners before being inherited by Catharina Morkel wife of Phillip Morkel in 1718. The missionary, Ignatius Latrobe, also passed through the Hottentots Holland on his second visit to Genadendal in February 1816.
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Later Onverwacht came to be known as the Bush Farm (or De Bos) because of an enormous grove of pine trees growing there. The Morkels held their enormous tract of land up to about the middle of the nineteenth century when the process of sub-division and selling began B Over the years several more farms were added to the Morkel holdings, until most of the prominent farms in the area belonged to the family, amongst them Morgenster, Voorburg (now Bridgewater) Gustrouw and Fortuintjie (now Broadlands the well-known stud farm to the left of the National Road leading up to the Pass)
19th century
In 1817 the need was felt for a Church in the area, and a small group of farmers, headed by the Morkels and Theunissens, bought the farm Cloetenburg from Douw Sybrand Steyn for the erection of a church. At the same time, On 5 February 1820 the Church was opened, and the village of Somerset was born. There was, however, a problem in that confusion arose with the Eastern Cape village of Somerset which became known as Somerset East, and, accordingly, after a short spell of being named West Somerset, the village settled on
Taken from Th e Story of Hottentots Holland by Peggy Heap, published by A.A. Balkerna in 1970. 9 its present name of Somerset West. By 1903, however, the village had grown considerably and The Municipality of Somerset West was constituted on 6 November of that year in terms of Proclamation 350 of 1903 under the provisions of the Municipal Act of 1882.
The hazards of the journey over the old Hottentots Holland Pass were by now almost a thing of the past, as, soon after his arrival in 1828, the new Governor Lt. General sir Galbraith Lowry Cole, embarked on his program of improving the terrible condition of the roads in the colony. For 150 years the old dangerous Pass had remained the main route over the mountains to the east despite the fact that it was extremely steep, causing the terrible loss of animals and wagons. By 1821 more than 4,500 wagons were using it each year and one in every five was damaged on the pass.9 Deep ruts in the hard sand-stone mark the route used by the wagons, and parts of this old pass have been proclaimed a National Monument.
Early in 1829, the newly appointed Surveyor General, Major C.C. Michell, began his mammoth task of building a new road at gentler gradients, and on 6 July the following year a large number of people assembled to watch the first heavily laden ox-wagons go over the new Pass. This time a toll house was established at the summit, and from the date of the opening the rules and tariffs applying to the old toll were repealed. This route remained in use until the National Road was built in 1958.
20th century The most significant twentieth century development of the study area relates to the development of the land between the Main Road to Sir Lowry's Pass and the present depositing site from 1906 onward (see appendix 2). The Municipality of Somerset West was granted a certain piece of land containing 210 morgen 374 sq . rds being Lot A situated in the Field Cornetcy of Hottentots Holland, on condition that the Main Road to Caledon running over the land, remained free and uninterrupted and that the land was made available for use by the Municipality for obtaining a supply of gravel for street purposes, for boring for water, and for the construction of a reservoir. The Municipality of Somerset West applied in 1929 under 241 of Ordinance No 10/1912 for public cemeteries, for authority to establish a new Cemetery on a five morgen portion of the Commonage. The cemetery land was situated approximately two and a half miles from the town of Somerset West located on the Main Road to Caledon and surrounded by farm lands
9 Ibid 10 By 1931 the Works Committee of the Somerset Municipality unanimously adopted 10 the layout of the proposed Cemetery, and was the area was fenced and sub-divide, the portion of land between Mr Morkel's boundary and the road to the Caledon. The Depositing site was divided into two equal parts for a European and a Coloured Cemetery. Estimates were prepared for a brick or concrete shelter consisting of one room, store room, earth closet, and verandah on two sides of the building as well as the laying of a water supply and the construction of concrete tanks (see appendix 3). Several roads were developed on the site, one on the boundary of Mr Morkel's property to give access to both the European and the Coloured cemeteries, the construct of a road to the Depositing site, parallel with the new road, and the construction of a road at right-angles to both of the above to form a boundary between the two cemeteries.
The remaining portion of the site, fronting on the Main Road , was sub-divided into two equal parts for a Roman Catholic and a Jewish cemetery. The four cemeteries each had their own gate and a hedge was planted on the Main Road boundary with PINUS INSIGNUS trees on all boundaries.
The only evidence that we can find relating to the actual use of the cemeteries came from an extract in the Minutes of the Somerset West Municipality 11 dated 1937 when the divisional Council wished to widen the Main Road by 100 feet and twenty-four graves would be impacted by the new road development (see appendix 2).
3. Site Description
Figure 3 shows the current configuration of the study erf which is bound by Sir Lowery Road to the north. The land was granted on 29 June 1906 an extent of Crown land measuring 210 morgen 374 square roods in Freehold to the Municipality of Somerset West
12 under Section 10 of Act 15 of 1887 which states " I do hereby Grant unto the Commissioners for the time being of the Municipality of Somerset West a certain piece of land containing 210 morgen 374 sq . rds being Lot A situated in the Field Cornetcy of Hottentots Holland, Division of Stellenbosch, and represented and described in the diagram hereunto attached on condition that the Main Road to Caledon running over the land hereby granted shall remain free and uninterrupted, and (that the said land shall be used by the Municipality for obtaining a supply of gravel for street purposes, for boring for water, and for the construction of a reservoir) subject to the following reservations and conditions (see appendix 2).
10 Municipal Minutes of Somerset West 3/SSW 1/ 111 /8 page 22 11 Municipal Minutes of Somerset West 3/SSW 11 11111 0 page 188 12 Stellenbosch Freeholds volume 7 Folio 20 11 Figure 3: Aerial photograph showing the study area outlined in red and Sir Lowry's road to the north. The gravel pit is shown to the South. Map provided by Mr. Arvind Bhawan, project Land Surveyor.
Figure four shows the diagram which was first surveyed and beaconed by W.P. Logan, the Government Land Surveyor in 1906. The study area was previously bounded northward by the farms Morgen, Ster and Harmonie, Eastward by Crown Lot No 4, south-eastward by Broadlands, southward by Myrtle Grove, Crown Lot No 4 and Broadlands, south-westward by Crown Land (Railway Reserve) and Onverwacht, north-westward by Onverwacht and Weltevreden. A narrow strip of land projected to the south-west from the main body of the property, and was crossed by the Main Road from Somerset West to Caledon. The furthest boundary of the strip was bordered by the Railway Reserve. On 12 October 1951 this narrow strip, measuring 29.5619 morgen and known as Portion 1 of Lot A was detached, and transferred to the Municipality of Somerset West under Title Deed 17591/51 .'3 The Study site lies in this strip of land between the Sir Lowry's Pass Road to Caledon and the Railway Reserve.
IJ See Diagram 1262 Of 1949 12 JIDls MLtJ . , 6 Js"" l ....' ~1 d 10" '·0 . ,,# ~(; J JI · U b IJ J · l.S · 4 ~ ed 1 1 / ' /# , li ' H ' 50 de: 1/ , ·" d ltg· f/ ' ~ O ~ f I U ' U t l "S~ ' J~ ~ l ~" 6 1 I I U ' Jj 'f O i . 161 ' " ~ I J7 - 17' ) 0 . 1. I SJ ·(H '!- l J ' JO '.J l U · l~ 1. 2 12 - /1 ' Q J ' I J'H J 6.5 "$I 'JO C6-oIfDlH,f Ta ,Ii' 'r U "' H •b ~j ~f ~ : .,. 111 ' 1) , .. JI4 -/6 t -l I S ' " I- d .., f JJ· JJ + ) f J · f) , ~ f ~ ' U + J1J . JS I .. f ' "1l ~ lf i' l" - J H 'H - ,U ' j , I • f 111 ·, 7 ~ ' .o!J '/ 1. f - I I~' ~I , H 'l l j t i l .J 6 , JO , I J.
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Figure 4 Surveyors diagram No. 2659 (1906) shows the study erf in relation to Sir Lowery Road. The arrow denotes the location of the site.
4. First Phase Public Consultation Phase
The City of Cape Town held a series of preliminary public consultation meetings (2007/8. see appendix 4) with members of the local Mfuleni community to record their oral history of the study area. Two hand drawn sketches were produced which located the position of burials in relation to the development footprint (see figures 5 & 6). Figure six shows that study area was set out for 'black' and 'coloured' burials, while the section that continues to have above ground markers, was set out for 'white' burials. Other than the sketch plans provided by the community, no other diagrams or plans were found during this search that would identify the exact location of the four sections of the Waterkloof graveyard .
Figure five shows the position of eighteen graves in the graveyard and the entrance gate. Note that on this sketch the reader is looking from Sir Lowery Road down towards the railway line and the sea. Figure six clearly shows the layout of the graveyard, including the position of what is thought to be informal houses located behind the gravel pit, which is referred to here as the 'tip' on the sketch.
13 From these sketches we are able to locate at least two of the four graveyards set out by the Somerset West Municipality.
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Figure 5: Sketch plan of the informal location at Waterkloof showing the position of houses and the names of their occupants (Reference: the late Ms Thambisa Mbalula).
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d ~ b =66 6 . A M9k: r~tJ't "n,ndq (f "'?:, ~;i Figure 6: Sketch plan showing the layout of the 'black' and 'white' graveyards at Waterkloof and the informal settlement located behind the municipal tip (Reference: the late Ms Thambisa Mbalula ). 5. Discussion An on-foot search of the study area did not reveal any above-ground markers that identified a historic graveyard on the site. The systematic layering of historical events from the 17111 century onwards demonstrates that the land adjacent to the study area was developed for farming under the Morkel holdings, amongst them Morgenster, Voorburg (now Bridgewater) Gustrouw and Fortuintjie (now Broadlands) the well-known stud farm to the left of the National Road leading up to the Pass) The study erf was granted to the Somerset West Municipality in 1906 and archival documents confirm the existence of at least four sections within a larger graveyard called Waterkloof, which served several religious denominations. At least one of these graveyards 15 was developed on the study erf from the 1930s onwards. By 1937-1938 there is clear evidence that the graveyards were in use, when twenty-four graves where identified that would be impacted by road widening , of the Main Road to Caledon by the Divisional Council. Moreover, two sketches produced by members of the local Mfuleni community show clearly the layout of two sections of this graveyard, divided not by religious denomination, but by race. The observations made by community members are thought to be accurate, and independently confirm the archival record which states that the Waterkloof graveyard was divided into sections and that they were reached through separate gates. Municipal Minutes from 1938 record that " Councilor McLeod proposed that the Council approach the District. Council requesting them to replace the fences and gates of this Cemetery (Waterkloof) to their original position, having been moved for the purpose of making the National Road " wider (Minutes of the Somerset West Municipality). 14 The Mfuleni community have a long association of living in this landscape wh ich extends back to 1950. An extract from the record s of the Somerset West Magistrate's Court dated 23 May 1950 15 demonstrates that Mr Swart's application for a Private Location License, in respect of the property known as Waterkloof, in the District of Somerset West, to the Assistant. Inspector of Private Locations was refused. Nevertheless, a plan of a portion of Waterkl oof accompanied the report, showing the area in which 105 tenants had built their huts. Also included was a list of the names of the tenants, indicating whether or not they had a wife, and the number of their children. The current sketch provided by the local community is important in that it demonstrates who lived in the informal settlement to the South of the graveyard and names the occupants of the settlement which is an important link in the public consultation process. 6. Second Public Consultation Phase Cape Archaeological Survey, on behalf of The City of Cape Town Fire Service Department implemented a sixty-day public consultation process to identify, and register, Interested and Affected Parties (I&APs) as required by the National Heritage Resources Act, Section 36: (1999) for the purpose of entering into negation about the management of the site. I&APs who may register during this consultation phase would be asked to indicate, in writing, that they give consent for the proposed exhumation and relocation of any human remains found on the study erf. 14 Municipal Minutes of Somerset West 3/SSW 1111111 I page 128 IS IISSW 4/1/88.N2/8/3/1 16 Contact was made with the community via newspaper advertisements, local ward councilors, the HOD of the Minister Fraternal and school prinCipals. In addition to this 1 000 00 flyers were distributed to the local community via schools shops and libraries. Responses received to the advertisement placed in the HederPos 16 (a copy of which is attached as Appendix 5) and via flyers are ranked in the Public Consolation Register (see Appendix 6). The sixty-day Public consultation period commenced on the 14th July and ended on the 12th September 2009. In addition to the newspaper advertisement the Ward councilors that represented the geographical areas where people lived, Mfuleni, Macassa and Strand were approached individually for comment and asked to partiCipate in the forthcoming community meetings. The first public meeting regarding the proposed exhumation of the Waterkloof graveyard was held in Mfuleni township on the 19 September 2009 at the Nokweni creche. The minutes of this meeting are attached as Appendix 6, alongside the list of participants who registered their interest in the project (see Appendix 6b). The meeting was formally opened in the presence of the Mfuleni community and their Ward Councilor, Mr Johannes Jama who acted as a liaison between the community, the consultant and the City of Cape Town. The meeting focused on the Cities of Cape Towns requested to build an emergency fire station on the site of the communities graveyard, previously know as Waterkloof, and to inform the participants of the rights in terms of the regulations set out in the National Heritage Resources Act ( 1999 Section 36). After discussion it was decided that a second meeting should be scheduled and that CAS would provide information and feed back regarding the wishes of I&APs who lived in Strand and Macassa before any decision could be made regarding exhumations from the site. It was agreed that a site visit would form part of the second meeting so that people could familiarize themselves with the site. Many had not returned to site since the late 1970s. The second public meeting was held at the Nokweni creche in Mufleni and an onsite inspection at the Waterkloof graveyard on the 19 November 2009 (see Figure 7). The detailed comments of this meeting are set out in appendix 8 and list of I&APS who registered during the meeting in appendix 9. t6 The HelderPos is a free newspaper distributed to 48 000 00 households in the study area. 17 Figure 7: Photographic record of the site inspection by I&APS at the Waterkloof graveyard in November 2009, in conjunction with CAS, representative of City Parks and the Mufleni Ward Councilor. 7. Results of Public Consultation The community unanimously agreed that they would not grant permission for trial excavation, or exhumation and relocation. They recounted the forced removal from their homes in the 1970s, not once but twice, and felt aggrieved that their next- of -kin should be removed from their resting place. The equated the proposed exhumation as yet another 'forced removal' of their community and were opposed to any intervention on the site that would disturb the sanctity of this sacred landscape. They were aggrieved that a water pipe had previously 18 been built through the graveyard and that they had not been consulted. They requested that they be provided with information regarding this earthmoving activity and had misgivings that members of their family may already have been exhumed without permission. They require that the City of Cape Tow inform them at a joint meeting between their ward councilor where any bodies recovered from this site where subsequently re buried. These concems are duly recorded and are submitted as part of this report that stands as a public record of the Mfulieni communities wishes regarding the development of the study erf. It should be noted that the Strand and Macassa community did not respond to invitations to attend joint meetings to discuss the management of the site. Only there ward councilors provided comment and these are set out in appendix 8. 8. Conclusions The research undertaken on behalf this project positively identified the Farm 820 a Portion of Portion 1, Somerset West as a historic graveyard. The archival record is further supported, and clarified, by members of the Mfuleni community who participated actively in a 60 day public consultation process during 2009 as required by the National Heritage Resources Act (1999, Section 36). It is noted that the I&APS who registered during the public consultation process do NOT give permission for the Waterkloof graveyard to be exhumed and relocated. 9. Recommendations In light of the response from I&APs who registered during the public consultation phase it is duly recorded that the City of Cape Town will be required to find an alternative site for the development of a new emergency fire station. A no-go- option was unanimously adopted for the proposed development by the next-of-kin. The Mfuleni residents are clear about how they wish the land to be managed and request the following mitigation measures at the Waterkloof graveyard: • A memorial stone and boundary fence should be established on the site that will stand as a tribute, and marker, to all of those who are buried there. • That the graveyard be maintained on an ongoing basis at the expense of the City of Cape Town. 19 • Any changes to land use, such as trenching or the laying of water pipes on or through the Waterkloof graveyard should be through consultation with the I&APs who registered during the public consultation process. • Concerns relating to the possible removal of historic burials when a water pipe was constructed over the study site should be addressed and a written response sent to the I&APS recorded for this study 20 10. Sources Searched Smuts, Prof. Francois (ed.) (1979) Stellenbosch: Three Centuries, published by the Town Council of Stellenbosch. Travels at the Cape 1773. Thunberg Cape Town Gazette and Advertiser. Cape Colonial Publications (CCP) 1817 Standard Encyclopaedia of Southern Africa Deeds Office: Stellenbosch Freeholds, Volume 7 folio 20 Office of the Surveyor General: Diagrams 2659/1906 and 1362147 Department of Home Affairs: Burial Register spot-checked from 1928 to 1970 (HAWC) Minutes of the Somerset West Municipality (3/SSW) 11. Project Team Principal Investigator - Mary Patrick Research - Jean Blankenberg, Loretta Du Plessis and Katherine Underwood Report Preparation - Mary Patrick, Jean Blanckenberg, Tim Hendy & Katherine Underwood 12. Acknowledgements We wish to thank the following people for access to maps and public consultation documents: Mr. Dawid Falck, HOD Special Projects Fire Services - City of Cape Town Cnr Broadway & George Street Strand & Mr Arvind N. Bhawan, Professional Land Surveyor, Palace House, 1 Malta Road , Salt River 7925 13. Appendices Appendix 1: Table of Historical Events for Farm 820. Appendix 2: Copy of the Title Deed of Farm 820 a portion of Portion 1, Somerset West Appendix 3 Minutes of meetings pertaining to the development of a cemetery at Waterkloof Appendix 4: Letter from Mfuleni resident Thambisa Mbalula during public consultation: Appendix 5: Public consultation advertisements HelderPos on July 14th 2009 21 Appendix 6: Minutes of Focus Group Meeting 19.9.09 Appendix 6a: Register of participants at Focus Group Meeting Appendix 6b: List of interred relatives provided by Mr. Silvester Moloi. Appendix 7: The list of Interested Parties 31 st August 2009. Appendix 8: Minutes from 19 November Focus Group Meeting Appendix 9: I&APS register 19 November Focus group Meeting 22 Appendix 1: Summary of Historic Events as they relate to the study area 23 Table 1: Farm 820, a portion of Portion 1, Somerset West YEAR DATE SOURCE TEXT REFERENCE Cape Town The erection of a Nederduitse Gerefonneerde Kerk in the Hottentots Holland sanctioned by Lord 1817 28 June Gazette & Charles Somerset. 100 Lots of ground were to be sold for a projected village which would be called CCP 1817 AfricanAdvertiser Somerset. Standard Opening of the Nederduitse Gereformeerde Kerk - the fIrst church in the area. The village of 1820 5 February Encyclopaedia of Somerset was born - later to be named Somerset West. SESA Southern Africa Standard Municipality of Somerset West constituted in terms of Proclamation 350 of 1903 1903 6 November Encyclopaedia Of Southern Africa Deeds 0 ffice - Grant of Crown Land measuring 210 morgen 374 sq.rds made to the Municipality of Somerset West Volume 7 Folio 20 1906 29 June Stellenbosch - Diagram 265911906 Freeholds (See Annexure A) Somerset West First burial recorded at Waterkloof in the Somerset West register of Home Affairs - that of Jan 1928 November Register of the Stoffels (Mixed birth) who died at the age of 15 months on 7 November 1928, the son of Dina HAWC Department of Stoffels. Home Affairs Minutes of the Resolved to adopt the recommendations of the work committee that: 1929 12 July Somerset West a. The land between the Main Road to Sir Lowry Pass and the present 3/SSW 11117 Municipality depositing site (sentence incomplete) page 221 b. That the amount of 50 Pounds on the 1929 estimates be expended on laying out this area and that a similar amount or more, if necessary, be placed on the 1939 estimates. Resolved further to ask representatives of the various religious denominations to meet the committee on Tuesday 18th July at 4 pm. In order to discuss the method to be adopted in carrying out the establishment and maintenance of the Cemetery. From Office of The Municipality of Somerset West has applied for authority to establish a new Cemetery on a 3/SSW 411 /4 1929 29 October the Administrator portion of Commonage known as Waterkloof 3/1/5/5 From Town Clerk, Re: Establishment of Public Cemetery Ibid 1929 2 November Somerset West With reference to the above matter, and to your Minute No L 91 / 1133 of the 8th July last, I beg to To Provincial apply for the necessary sanction under 241 of Ordinance No 10/19 12 for the establishment of a Secretary Public Cemetery on a portion of the Commonage land known as Waterkloof. The land is owned by the Municipality of Somerset West and is approximately two and a half miles from the Town on the Main Road to Caledon. The area to be used as a Cemetery is approximately five morgen in extent and is surrounded by fann lands. A diagram in duplicate is forwarded under separate cover showing the position of the land It is my Council's intention to undertake the duties of the Cemetery Board. m From Magistrate, Re proposed establishment of Cemetery: With reference to your Minute L9113/33 of the 19 ultimo, 1929 12 Somerset West I beg to forward herewith the District surgeon's report as to the suitability of the proposed site" Ibid November To: Provincial "From enquiries made there would appear to be no objection to the establishment ofa Cemetery at Secretary the spot proposed by the local Municipality" The sketch forwarded under separate cover is returned herewith 24 Minutes of the (Note: not included in tile) 1937 1 February Somerset West Municipality From Magistrate "The Cemetery is actually needed and, in/act, urgently, by the Church o/England and Weslyan 1929 November denominations " Ibid Report made to the Cemetery Site: 1931 24 March Works Committee A. To commence clearing and to fence the whole area 3/SSW 111/1 / 8 of Somerset West B. To sub-divide that portion of the site between Mr Morkel's boundary and the road to the Depositing Site into two equal parts for Europeans and Coloureds. Estimates prepared for brick or concrete shelter consisting of one room, store-room. earth closet, and verandah on two sides of the building. Laying of water supply and construction of concrete tanks. C To construct a road on the boundary ofMr Morkel's property to give access to both the European and Coloured Cemeteries. D. To reconstruct the road to the Depositing Site on a parallel with the new road. E. To construct a road at right-angles to C to join D to form a boundary between the two above-mentioned cemeteries. F. To sub-divide the remaining portion of the site fronting on the Main Road into two equal parts for Roman Catholics and Jews. G. To fence in each of the four cemeteries and provide gates. H. To plant a suitable hedge on the Main Road boundary, and Pinus insignus trees on all boundaries. Minutes of the Not yet in a position to say whether the ground will be laid out as a general cemetery. 1932 15 March Somerset West 3/SSW 1/ 11118 Municipality Minutes of the It was agreed that the fencing of the Cemetery frontage along Sir Lowry Pass Road be carried out as Ibid. 1932 11 August Somerset West soon as possible in order to allow the planting of a hedge to be done this season. Municipality Minutes of the Mr Van Nierop enquired how far along the work on the Cemetery Site had proceeded as he Ibid. 1933 31 August Somerset West understood that a Burial ground was urgently required by a section of the Coloured people. The Municipality Inspector stated that the work was well in hand and that the Cemetery should be available for use in the near furure. Minutes of the Proposed that the Council be authorized to raise a loan not exceeding the sum of 150 Pounds for the Ibid. I 1933 14 Somerset West purpose oflaying out a Municipal Cemetery on the Town lands known as Waterkloof.. Carried I December Municipality unanimously. I Minutes of the Cemetery Site: Estimates prepared for brick or concrete shelter consisting of one room, store room, 3/SSW 1/11119 1934 22 May Somerset West earth closet, and verandah on two sides of the building. Laying of water supply and construction of I 1934 Municipality concrete tank. I 25 Transfer ofland Transfer ofland measuring 29.5619 morgen known as Portion I of Lot A of Farm 820 made 1951 12 October (D iagram to the Municipality of Somerset West T 17591 /1951 1362/1947) Minutes of the National Road, Waterkloof - It was agreed unanimously that the Council agree to the 1937 23 February Somerset West widening of the road to 100 ft on the following conditions: Ibid Municipality I. That the setting back of the fences onto the required line be done by the Divisional Council 2. That the fence on the sea side be placed so as to avoid the necessary moving of24 graves in the cemetery. 3. That a new Road be made by the Divisional Council across the cemetery at a site to be pointed out, to take the place of the cemetery road which is now incorporated in the 100 ft width. 4. that the cemetery gates be re-erected by the divisional Council in the required position. 5. That the cost of the removal and re-erection of the quarry tool-shed be refunded to the Council 6. That plants for a new hedge be supplied to replace the one now to be demolished. Minutes of the WaterkloofCemetery - Councillor McLeod proposed that the Council approach the 193 8 II October Somerset West Divisional Council requesting them to replace the fences and gates of this Cemetery to their 3/SS W 1/ 111111 Municipality original positions, these having been moved for the purpose of making the National Road, Agreed. Minutes of the After discussion it was recommended that the right-of-way across Council's property at 1949 16 June Somerset West Waterkloofin favour ofMr H. Relly, the purchaser from Council of the land to the north, 3/SSW 11111115 Municipality which must be granted in terms of the Condition of Sale, be granted along the lines shown on the sketch submitted by the Town Engineer. This line will run from the Main Road to Sir Lowry's Pass immediately to the west of the common boundary between council's properry and Mr Relly's property for a distance of approximately 300 yards. From this pint the access road will swing fIrst in a northwesterly and then in a general northerly direction to the north boundary of Council's property Records of the Report on Mr Swart's application for a Private Location License in respect of the property 1950 23 May Somerset West known as Waterkloof in the District of Somerset West I /SSW 4/1 /88.N2/8/3/1 Magistrate's (Note: The application was turned down. A plan of a portion ofWaterkloof accompanied the Court Report, showing the area in which 105 tenants had built their huts. Also included was a list of the names and tenants, indicating whether or not they had a wife, and the number of their children. Minutes of the The date of the sale (ofWaterkiool) was 30 May 1947, and the date ofpayment was 29 1951 13 Somerset West September 1949. Transfer is only being registered now for the following reasons: September Mnnicipality a. During survey Mr Shaw discovered that a portion of the property had not, in fact, been granted by the Crown to your Municipality. ! This necessitated an application to the Department of Lands for such i piece ofland, and only now has the Municipality received title thereto from the Crown by means of a Crown Grant. b. Survey diagrams were only handed by Mr Shaw to us on or about December 1948. 26 Appendix 2: Copy of the Title Deed Lot A Waterkloof On 29 June 1906 an extent of Crown land measuring 210 morgen 374 square roods was granted in Freehold to the Municipality of Somerset West 16 Grant under Section 10 ofAct 15 of 1887 In the name ofand on behalf ofHis Majesty Edward the Seventh, by the Grace of God of the United Kingdom of Great Britain, Ireland and ofthe British dominions beyond the Seas, King, Defender of the Faith, Emperor ofIndia. Under and by virtue of the provisions contained in the IO'h Section ofthe Act No 15 of 1887, entitled an Act for regulating the manner in which the Crown Lands ofthe Colony shall be disposed of, 1 do hereby Grant unto the Commissioners for the time being of the Municipality of Somerset West a certain piece ofland containing 210 morgen 374 sq. rds being Lot A situated in the Field Cornetcy ofHottentots Holland, Division ofStellenbosch, and represented and described in the diagram hereunto attached. On condition that the Main Road to Caledon running over the land hereby granted shall remain free and uninterrupted, and (that the said land shall be used by the Municipality for obtaining a supply ofgravel for street purposes,for boring for water, andfor the construction ofa reservoir) subject to the following reservations and conditions 1. That the Divisional Council ofStell en bosch shall have the right in common with the said Municipality to excavate gravel for the purposes of road making on that portion ofLot 12 Waterkloof lying above the main road and below the projected line of the back wall of the existing Divisional Council buildings situate on the said Lot 2. That the said Divisional Council shall have the exclusive right to the use of the existing building on Lot 12 Waterkloof as heretofore. 3. That the said Divisional Council shall have the right ofgrazing and watering any horses or mules used by them on road construction on the land hereby granted 4. That the said Municipality shall have the right, whenever required, to lay and maintain piping, to cut and maintain a furrow or furrows, and to make and maintain a road or roadways across the area described in condition 1, and to do any works that may be necessary in connection with any water supply for the village ofSomerset West. 5. That the rights of the said Divisional Council above defined shall only be enjoyed by the said Divisional council while and so long as it exercises control over the roads in the Field Cornetcy ofHottentots Holland, and should such control lapse the said rights shall also cease With full power and authority henceforth to possess the same in perpetuity, subject, however, to all such Duties and Regulations as are already or shall in future be established with regard to such lands. Given under my Hand and the Public Seal of the Colony ofthe Cape of Good Hope, at Cape Town this 2!Jh day ofJune 1906. By His Excellency's command (Signed) W. Hely Hutchinson Anthony J. Fuller 16 Stellenbosch Freeholds volume 7 Folio 20 27 Appendix 3: Minutes of meetings pertaining to the development of a cemetery on or near Waterkloof On 12 July 1929 the following was recorded in the Minutes of the Somerset West Municipality 17 Resolved to adopt the recommendations of the Works Committee a. That the land between the Main Road to Sir Lowry's Pass and the present depositing site (sic - The sentence appears to be incomplete) b. That the amount ofFifty Pounds on the 1929 estimates be expended on laying out this area, and that a similar amount, or more if necessary, be placed on the 1930 estimates. Resolved filrther to ask representatives of the various religious denominations to meet the Committee on Tuesday, 18 July, at 4 pm. In order to discuss the method to be adopted in carrying out the establishment and maintenance of the Cemetery. Office of the Administrator, Cape Town 18 29 October 1929 Sir The Municipality of Somerset West has applied for authority to establish a new Cemetery on a portion of the Commonage land known as Waterkloof Re: Establishment ofa Public Cemetery Provincial Secretary, Cape Town 2 November 1929 Sir With reference to the above matter and to your Minute No L 91/i/33 of the 8th July last, I beg to apply for the necessary sanction under 241 of Ordinance No 10/1912 for the establishment of a Public Cemetery on a portion of the Commonage land known as WaterklooJ The land is owned by the Municipality of Somerset West and is situated approximately two and a halfmilesfrom the Town on the Main Road to Caledon. The area to be used as a Cemetery is approximately five morgen in extent and is surrounded by farm lands. A diagram in duplicate is forwarded under separate cover showing the position of the land. 19 It is my Council's intention to undertake the duties ofthe Cemetery Board. Your obedient servant, Sir, (Signed) (illegible) Town Clerk From Magistrate Somerset West To Provincial Secretary Administrator's office Cape Town 12 November 1929 Re: Proposed Establishment of Cemetery With reference to your Minute L91/3/33 ofthe 19th ultimo, I beg toforward herewith the District Surgeon's report as to the suitability ofthe proposed site. "From enquiries made there would appear to be no objection to the establishment ofa Cemetery at the spot proposed by the Local Municipality ". The sketch forwarded under separate cover is returned herewith 20 17 3/SSW lIl/ll7 page 221 - 12 July 1921 18 1/SSW 4/l14.3 /11515 29 October 1929 and 8 November 1929. 19 No Diagram was included in the file 20 No sketch was included in the file 28 (Signed) ... Magistrate . ... The Cemetery is actually needed and, in fact, it is urgently needed by the Church of England and Weslyan denominations. Magistrate On 24 March 1931 the following report was made to the Works Committee ofthe Somerset Municipality regarding the layout of the proposed Cemetery, and was unanimously adopted 21 Cemetery Site Thefollowing report by the Works Committee regarding the lay-out ofthe Cemetery Site was unanimously adopted: A. To commence clearing, and to fence in the whole site. B. To sub-divide that portion of the site between Mr Morkel 's boundary and the road to the Depositing Site into two equal parts for Europeans and Cemetery Site. Estimates prepared for brick or concrete shelter consisting of one room, store room, earth closet, and verandah on two sides ofthe building. Laying ofwater supply and construction ofconcrete tanks C. To construct a road on the boundary ofMr Morkel 's property to give access to both the European and Coloured Cemeteries .. D To reconstruct the road to the Depositing site on a parallel with the new road. E. To construct a road at right-angles to C to join D to form a boundary between the two above-mentioned cemeteries. F To sub-divide the remaining portion of the site fronting on the Main Road into two equal parts for Roman Catholics and Jews. G To fence in each of the four cemeteries and provide necessary gates. H. To plant a suitable hedge on the Main Road boundary and PINUS INSIGNUS trees on all boundaries. 15 March 1932 - Minutes of the Somerset West Municipality 22 Not yet in a position to say whether the ground will be laid out as a general cemetery. 11 August 1932 - Minutes of the Somerset West Municipality 23 It was agreed that the fencing of the Cemetery frontage along Sir Lowry Pass Road be carried out as soon as possible in order to allow the planting ofa hedge to be done this season. 31 August 1933 - Minutes of the Somerset West Municipality 24 Mr Van Nierop enquired how far along the work on the Cemetery Site had proceeded, as he understood that a Burial ground was urgently required by a section of the Coloured people. The Inspector stated that the work was well in hand and that the Cemetery should be available for use in the near future. 14 December 1933 - Minutes of the Somerset West Municipality 25 Proposed ... that the Council we authorized to raise a loan not exceeding the sum of 15 0 Pounds for the purpose oflaying out a Municipal Cemetery on the Town lands known as Waterkloof Carried unanimously. 21 Municipal Minutes of Somerset West 3/SSW IIlll/8 page 22 22 Ibid 23 Ibid 24 Ibid page 311 25 Municipal Minutes of Somerset West 3/SSW 1/ 111 /8 29 22 May 1934 - Minutes of the Somerset West Municipality 26 Cemetery Site. Estimates prepared for brick or concrete shelter consisting ofone room, store room, earth closet, and verandah on two sides ofthe building. Laying ofwater supply and construction of concrete tank. 1st February 1937 - Minutes of the Somerset West Municipality 27 After inspecting the site it as resolved to recommend that a letter be addressed to the Division Council, Stellenbosch, stating that until the actual location of the 100 ft road has been pointed out, it is impossible for Council to assess the compensation required. If the Board required 50 ft on either side of the present road, some 24 graves will have to be moved, also the hedge,fence and cemetery gates. If the whole JOO ft width is taken from the Cemetery fence towards the Mountain, the cost of these removals will be avoided. Furthermore this would help remove the bend in the road which commences on Mr Morkels property just before Waterkloof is reached. 23 February 1937 - Minutes of the Somerset West Municipality 28 National Road, Waterhof .. .It was agreed unanimously that the council agree to the widening ofthe road to 100ft on the following conditions: 1. That the setting back of the fences onto the required line be done by the Divisional Council 2. That the fence on the sea side be placed so as to avoid the necessary moving of24 graves in the Cemetery 3. That a new road be made by the Divisional council across the Cemetery at a site to be pointed out, tio take the place of the Cemetery road which is now to be incorporated in the 100ft width. 4. That the Cemetery gates be re-erected by the Divisional council in the required position. 5. That the cost of the removal and re-erection of the quarry tool shed be refunded to the Council 6. that plants for a new hedge be supplied to replace the one now to be demolished. 11 October 1938 - Minutes ofthe Somerset West Municipality 29 Waterkloof Cemetery. Councillor McLeod proposed that the Council approach the D. C. requesting them to replace the fences and gates of this Cemetery to their original position, these having been movedfor the purpose ofmaking the National Road. Agreed. Minutes of the Somerset West Municipality -16 June 1949 30 ... After discussion it was recommended that the right-of-way across Council's property at Waterkloof in favour of Mr H. Relly, the purchaser from Council of the land to the north, which must be granted in terms of the Condition of Sale, be granted along the lines shown on the sketch submitted by the Town Engineer. This line will run from the Main Road to Sir Lowry 's Pass immediately to the west of the common boundary between Council's property and Mr ReUy's property for a distance of approximately 300 yards. From this point the access road will swing first in a north-westerly and then in a general northerly direction to the north boundary of Council's property. 26 Municipal Minutes of Somerset West 3/SSW IIl / l/9. 27 Municipal Minutes of Somerset West 3/SSW IIl /l/ 1O page 188 28 Ibid page 206 29 Municipal Minutes of Somerset West 3/SSW 1/1/1111 page 128 30 Municipal Minutes of Somerset West 3/SSW 1/1/1/15 page 217 - 16 June 1949 page 217 30 Records of the Somerset West Magistrate's Court dated 23 May 1950 31 Report on Mr Swart's application for a Private Location License in respect of the property known as Waterkloof in the District ofSomerset West. Assit. Inspector of Private Locations. Note: The application was turned down. A plan of a portion ofWaterkloof accompanied the report, showing the area in which 105 tenants had built their huts. Also included is a list ofthe names of the tenants, indicating whether or not they had a wife, and the number of their children. Minutes of the Somerset West Municipality - 13 September 1951 ... The date of the sale {ofWaterkloof} was 30 May 1947 and the date ofpayment was 29 September 1949. Transfer is only being registered now for the following reasons: a. During survey Mr Shaw discovered that a portion of the property had not, in fact, been granted by the Crown to your Municipality. This necessitated an application to the Department ofLands for such piece of land, and only now has the Municipality received Title thereto from the Crown by means ofa Crown Grant .. b. The Survey diagrams were only handed by Mr Shaw to us on or about December 1948. Transfer of an extent of29.5619 morgen (T 17591 dated 12 October 1951) to the Municipality of Somerset West .being Portion I of Lot A. Diagram l362/47 - see mention above. A search of the Somerset West Death Registers of the Department of Home Affairs, which commence in 1928, showed that burials took place regularly at "Waterkloof', but the column entitled "Intended place of burial" does not specify the exact area of Waterkloof. The first burial recorded in the Somerset West volumes was that of Jan Stoffels (Mixed birth), the son of Dina Stoffels, who died on 7 November 1928 at the age of 15 days. All subsequent burials recorded were those of people of "mixed Race" with the exception of one or two Blacks. The fact that the burial ground at Waterkloofwas used predominantly for the burial of Coloured people, is borne out by the recollections of several elderly white people still living in Somerset West, who were interviewed on my behalf.32 31 IISSW 411 /88.N2/8/311 J2 Free-lance researcher Anne Clarkson of Somerset West, was kind enough to interview several elderly people on my behalf 31 Appendix 4: Letter from Mfuleni resident Thambisa Mbalula during public consultation with the City of Cape Town. ·-·------·------·---·1 No. 4 Lukhanyo S tre e t Mfu1eni 7100 11 January 2 008 Mr. Fal.ck Dawid Head I Spacial Projects RE I GRAVES - S:rR LAWRY'S PASS ROAD of December 2007, we visited your Offic e regarding tlle 90: )0. mtioned matter. We could not g e t hold of the .4rea ).j ima;t::r \ole ha d a conO/ersation with you at the Graveyard. iHt i;. agreed that you will ensure the stoppage of the : ~rQ j ~, t wi ll consult with the Area Manager concerning thi s i::;su~. • {~ I L: f'lr : I ~ undertaken ::0 come back to us soon and we then Le!fr: ()u : " ntacts at yO'.Jr office, but nothing from you until ::) c.a:e. :e had a meeti ng with the Residents of t~aterkloof '.;r~=r!! a __ "king Committee was elected to do the follow-up 00 :r.:;: In e:: tt ------ l\I~ i ::Ul t l l con tinued t o engage other role players such as th= c: m.:: i li and indicated to them that we are waiting for I,!! ' I ::-::_3p,:m s f .d an update f rom you. The councillors engaged are: ! Cll::-:,- ~"""' he, ~la.tha " ';ama. i 1'1 ; th'~:----: i~ lo;:verdue and would like to have a ll Ii 11 j ; ' :k~ : : e I) ·ievelopments to be tabled at our next meeting that: IIi II te : d on the 19'" J anuary 200B at the Library. l 0.: hope hear from y ,~ u soonest and trust that thi s will . ~ "·,.,,,11.,-, 3ceive your u omost conSider"t :~ ~~~ !:"')' 1r1; Ez . fully, I ..-- _'1> . _ _._ """_ L A1' <"'i> ,~U>"-' , ,di·.!:~~ : ..~ ~.~ ~~h'''''1biB . ~ d ul.a (Ma ) ~_-"'... .aQ~ ( C!1)1l 1 :HC~ : ' 3 542 5702 or 021 909 5394 ~ ~ T\\\\~~;Z\\ ~,- ~"""'~- i L ._._~ .... ,_._. "._.M_._ . 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C_ en c~ E " • Telephone. l.u aDd email ~ • ReeSe Vif joo ~bn~lIin.t- t I fi • Rea",,"~)'nuri~ I . ,\11)' n:1cl-anI itlfonnation tow.vd~ id.."nril)olng the p:f$OPIO btllI:d on the .. 110. • Relcwnte inligtina: m.b.l. die idc:ntili~ V&II. JDCIl)C "'-al op die: pmect~!...... !! .! Minutes of a Focus Group Meeting regarding the proposed development of the former Waterkloof Cemetery and the building of a new regional Fire and Emergency Centre. Held at Nokwezi Creche, Mfuleni, Somerset West. Saturday 19 September 2009, 12:3Opm. See separate register for list of participants (appendix 6a). Meeting chaired by Mary Patrick of Cape Archaeological Survey (CAS). Translator present Femilia Mngomeni, a member of the community whose brother was interred at WaterkloofCemetery in 1966. Councilor Johannes Jama was also present in his capacity as the Ward councilor for the municipality. Agenda: Mary Patrick called the meeting to order, and introduced herself as a representative of CAS, who has been appointed by the City of Cape Town to hold this focus group meeting. Ms. Patrick introduced the subject under discussion by outlining the history ofWaterkloof Cemetery, and explaining the issues that need to be resolved before the proposed new Fire Station can be developed. She explained how South African legislation requires that living relatives of the deceased must be consulted and their permission sought before any exhumations or test excavations can take place. The objective ofthe present meeting, she explained, is to decide what can be done about the unmarked graves on the site, and whether the community would give permission for the remains of the deceased to be exhumed and reinterred at another cemetery. Public Meeting: The floor was opened up to questions. Questions initially centered on the fate of the entire Cemetery site, rather than the portion (around half) of which was earmarked for the new Fire Station. No answer could be given regarding the section of ground not covered by the proposed construction, except to reassure those that exhumations were not being proposed at this stage for that section. The participants expressed a wish to treat the entire Cemetery as one entity. Femilia requested to know why previous work had been undertaken at the site without consultation. She had visited the site in 2007 and witnessed clearing of the area taking place, and also observed that a water pipe had been installed across the road and under the Cemetery site. She explained he she was the one who brought the sensitivity of the site to the attention of the City. She told how the trees had been leveled and piled up near the road. MP replied that often burial sites are forgotten, particularly when residents moved away, or are forced to move, as is the case here. During the discussion it emerged that the community had been forcibly removed by the government during the 1970s, and the graveyard had been in close proximity to the former township area. Many of the participants were able to pinpoint on a map exactly where their relatives were buried, and described features ofthe former site. 35 Another issue raised was the absence of the Nomzamo community residents from Strand. They were assured that the Nomzamo residents would be similarly consulted. The Mfuleni participants were hesitant to come to a decision alone, and so it was agreed that both communities should discuss the matter together. It was suggested that CAS arrange transport so that both communities could visit the site. One of the residents, Mr. Dick Dyantyi, recalled that it had been so long since he had been to the graveyard that it was "like a dream". Femilia also pointed out that Coloured people had also been removed from the site, and as such we should consult the Ward Councilor from nearby Macassar where many of those residents now lived. It was further suggested that CAS contact church groups in the area. Some participants expressed hope that the presence of burials would support land claims in the area of Waterkloof, but MP observed that this was beyond the scope of the present meeting. MP closed the meeting at 1:45pm. 36 Appendix 6a: Register of those present at Focus Group Meeting No 1 held on the 19.9.09 REGISTER FOR PUBLlC CONSULTATJON M£E-nNG FOR THE WATERKLOOF CEMETERY HELD AT NOKWEZI CRECHE SATURDAY 19'T11 SEPTEMBER 2009 -1,Namo- - Co!'Jact Numb.! jAddrelJs __ ~formatfOn -'S lg".I",._ l !CYN·'(i:l\p.. M"'OI I __ \2..... C'tN~<:' t,-§1:. _~"": _B(p'j"~.....,,1~~ :S--lZ~"t::...... _,_f'lL __P1r~lk- I i X _ J(~€.:~"t'\~"\6~ . mooi \ 909.. 6'l-"iY....I \ci. s~ _~~_ ! ] <:." '=~_~ ! K IJ J{;;;.-,-~ •• .- I , S".s - o;..l -£"""\:oo.- ''''l.Ij:P~~J Cifl . _~~hll~D..§~ ---,-___ __ . J _~~ ~"'P L. .so .~__ j >_CH. I£.")oo1 C; ".:" -- I ~~ _ I <: """;0 rH':;' ,.,., I _ 41_6_0 f-I<~ .o Ho.~OS t<~__ _ __....;I.!.1 -'7~] . t!~'vL ,-J\"'.~ ·~\(O"'~ I - __ ID'7-S1;' ''''''.0'-< s,,"r i (w" c",',v,,",,'v ..L~,~,,) , _ __~Jl ke.p " 0 ,___ _ 7, UiN '" -r'S'c=J( hJ A ___:..I r2_D_- __~,:"u .. ~ '" S;,_ _ ..l'>NN'" ....,,'" ~wA.~""'- ' ~.fc.~00\..61-7'~ ! ~ Mil... I 8 1 37 Appendix 6a continued. I&APS Register 19.9.09 REGISTER .'OR PUBLIC CONSULTATION MEETING FOR THE WATERKLOOF CEMETERY hEl.D AT NOKWEZI CRECHE SATURDAY 19' " SEPTEMBER 20M !N~m. 'Contafl !iumbe, :Addreos ____ _ ~ I,,-fo_rma_!!.an-,--_____ I ~n.t~, ,-,,.._ ___ i ~ . __1 __ M"""'''''~v ~"' '':lL., ! 12'1 Cllvlf'H.:so; 1M~f"Q I34- 21Cllr . Jhw<">~'" I ~ _ ~ 5<1<-'&''''. ~ I --- - ~~=- 31 t:..rJ"'~ L'rI <; 1+..p~E'. /'f."LBv I. 2~ L iI'y~dS'i_,--______--- IN-lr.---jtj'-.... 1I1 \> o.~ ; - ~ , ~CM 'J..>'" MISiG,i).Ij 7, , 81 I 91 I 101 38 Appendix 6: List of individuals buried at Waterkloof submitted by Silvester Moloi in consultation with Mfuleni residents 39 Appendix 7: Current list of Interested and Affected Parties. Name Contact Number Address Information Thambisa Mbalula (deceased) See Letter dated 11 January 2008 Phillip Mbalula (brother of above) 0213894385 Gertie Hobosch 0769190013 5 family members interred at site. N. Watkins 0219090323 Litisha Fumani 1 "Olga" 0782853233 Called on behalf of Olga, whose grandmother and son are buried there. Fem ilia Mngomeni 0219092703/ 0736482857 Brother (15) died 1966. John Kula 0219096252 7, extension 6, Mfuleni Mother, Betty Kula, buried at site. Elizabeth Mbula 0732360792 13, Luyolo str. Mfuleni Maria jones, died 1975. Kate Kamahgana 0219096754/0794767858 108 school st. Mfuleni 3 children, Anid , Raymond, Susan. Died of measles. Pastor Kirbyl Lena Tsekwa 0219092124/0845911257 123 Church SI. Mfulena New Life Community. On behalf of Lena Tsekwa. Kholiswal Debbie Ndevana 0218091981/0786176370 99 School st, Mfuleni Called on behalf of Debbie Ndevana, Relative of Joshefah Ndevana, deceased . Chair of th e Min isters Fraternal who agreed to speak to all the church leaders in the area and inform them of the Cites plans to build an emergency fire station on Pastor Alan Smith Fax (021 857 1093 the Waterkloof graveyard. 46 School Street, Mfuleni Was not opposed to the exhumation but would only lend support after the Location Blackheath, community voted on the issue. Cllr Jama discussed the benefits of having a new Ward Councilor Johannes Jama (021) 909 3891 7100 fire station and how the community would derive access to an important resource Ward Councilor Matha 0846446282 Refused permission to al low exhumation of the Waterkloof graveyard (021) 8577015 Ward Councilor John Henvel 0721971793 Refused permission to allow exhumation of the Waterkloof graveyard 40 Appendix 8: Minutes of Meeting held at the Nokwezi creche and the Waterkloof Graveyard. Minutes Waterkloof Cemetery Public Consultation 19 November 2009 Site Visit: • 12:00pm - Meeting began at the Nokwezi creche. CAS, registered parties and Counselor Jama met here where transport organized by Counselor Jama and CAS took everyone to the Waterkloof Cemetery site. • 13:55pm - Arrived at site and toured the grounds • Mary Patrick consulted with Counselor Jama and Sindile Mzondi, a representative from City Parks (Susan Brice's office). o They discussed the background history of the site, the proposed project plan and the objective of the days meeting. The registered parties would need to reach a consensus today over whether they will allow the testing for human remains at the Waterkloof Cemetery site and if they will allow the exhumation and reburial of these remains. o Parks representative left shortly after this discussion • Group decided to return to the Nokwezi creche for further discussion. • Counselor Matha was phoned by Counselor Jama, but in a meeting o Was to send a representative but they could not join the group in Mfuleni. • Counselor Jama left shortly after returning to the creche. • Elizabeth Nokhaya left with Counselor Jama. o She agreed to whatever the group decided in her absence. Discussion: (all bulleted pOints are paraphrases from the speaker noted at the beginning of each bullet) • Mary Patrick: The group will need to reach a consensus today and that the communities of Macassar and Strand had decided not to participate in this decision. o Decision needs to be made on whether permission would be granted to: (a) test the site for human remains, document the presence of graves; (b) exhume family members and rebury at an alternative location at the cost of the city o Affected Parties can yes or no to either or both of these questions. • Cynthia Mniki: I don't want exhumation and reburial of my son. • Son, James Mniki, was buried at the site in Dec. 1957 at 16 years of age. Three infants between 0-6 months also buried at the site o How will you test and identify any discovered remains? • Mary Patrick: I am an archaeologist trained to work with human remains. I will be able to access age, and sex of any individuals found to make an overall profile, but will not be able to determine exact identity. o If the cemetery was at full capacity there could be 3000+ individuals buried on site. o In other similar cemeteries the profile showed >50% of the individuals buried there were children. o We will also document any materials found associated with the graves. o We need the help of the community in order to collect the names of individuals who were buried at the cemetery. 41 o Femilia Mngomeni: I have applied and received permission for my brother to be exhumed and reburied. His grave is located on the other side of the project area. o What will happen to the other burial area, in the trees, that is outside the proposed project area? o Mary Patrick: We need to know the wishes of the community, this will be part of your decision. o Showed modern aerial photo of the site to the group o Discussion in Xhosa o Femilia Mngomeni: Most of people buried in the proposed project area portion of the cemetery were babies and old people because there was no more room in the other portion of the cemetery. o SI. Paul's Church in Somerset West was managing the cemetery at that time o John Kula: My Mother was buried at the cemetery. I don't know where because the area has already been disturbed and covered with building rubble. o Discussion in Xhosa o Femilia Mngomeni: Where are they going to rebury the exhumed individuals? o Mary Patrick: Probably at a municipal graveyard. The group would need to agree with the City Parks Department because they will be responsible for management of the new burial location. o You can have memorial stone placed at new site. o John Kula: Let my mother stay there. o Cynthia Mniki: Because you can't determine exactly where our loved ones are, if one person gives permission to exhume the site they will be giving permission to exhume everyones loved ones. o Kate Kamangana: I have three children buried there and I want them to stay. o Mary Patrick: The group needs to try and reach a consensus. o Grace Nontombi: I have two brothers and an uncle buried there and I want them to stay. o John Kula: The cemetery should be cleaned up. o Debbie Ndevana: I have three children, one female and two males, and I want them to stay. The current site should be managed. o All: Let them rest there at Waterkloof Cemetery and have a memorial placed there. o Funau Nobuntu & Angelina Nogate: Agree o John Kula: Will they still be able to develop a fire station there? o Mary Patrick: The law is that they need your permission. They would have to go to minister's office to try and overturn this. o Gave example of a similar site that was memorialized and its management plan. City Parks Department would be responsible for management, but the community must state this wish. o We will present ideas on memorialization at the next meeting o Does everyone agree? o All: Yes o Mary Patrick: Femilia, because you have already been granted permission for the exhumation of your brother, you have the right to carry out your own wishes. o Cynthia Mniki: They moved us to build houses for others. o John Kula: Now they want to move the graves too. o Debbie Ndevana & Cynthia Mniki: We loved that place. We would visit all the time. Now they are doing Groups Act to the graves. o Mary Patrick: Thank you for your decision and we will pass this on. The City will not be able to build and will have to find new location for the Fire Station. 42 o Can I speak with Counselor Jama about your decision? o Would anyone like to write letter, to me, stating your wishes of a memorial at the Waterkloof Cemetery or should Counselor Jama write the letter? • Discussion in Xhosa • Cynthia Mniki/Femilia Mngomeni: Counselor Jama. • Mary Patrick: I will ask him and give feedback but will you, as the community, also ask him? • Femilia Mngomeni: Were there no bones discovered when the water pipe was dug? • Mary Patrick: Unless the cemetery was full, they may not have hit any graves during the digging. We will need to find out: who put in water pipe, if they found any bones, where these bones are now, and if you wish them to be returned. Is this the consensus? • All: Yes • Femilia Mngomeni: The pipe was there when the tank went in. This was done after 1994, when we were moved to Nomzamo. • Mary Patrick: The cemetery has been in use since 1923. It could be full and if so there is a high likelihood that graves were disturbed during the digging of that water pipe. o At the next meeting we will need to decide how to commemorate the site. o Can we close today's meeting? • All: Yes • Debbie Ndevana: What about land claims? • Mary Patrick: This is under a different part of the law. What I know is that there was a claim made when the process was still open (now it is closed). Gertie Hobosch took me to see a school principal in Strand. He said that the claim was submitted to Home Affairs. The man who submitted the claim has since died, so this needs to be followed up on . • Cynthia Mniki: Mr. Goodman and I both have claims. An empty police station was the only government place without a claim. No one ever got back to me. • Mary Patrick: I will give you Gertie's number. You need to speak to the principal and Counselor Jama so that you don't lose out on your claim. o Will you speak to Counselor Jama? • Femilia Mngomeni: Papers were filled in, but the were not official. No real claims were ever filed. 43 Appendix 9: I&APS Register for Public Meeting No 2 held on the 19 November 2009 REGISTER FOR PUBUC CONSULTA TION MEETING FOR THE WATERKLOOF CEMETERY HELD AT NOKWEZI CRECHE SATURDAY 19T11 SEI' IZhiBER2009 Kl"vew.P..~ 1 i . . , I.N.!I~ ______iContacL,,!!!!!,ber !Addre._a ---:J-~ . . I, ...." ~---. -1 1 J.~~~.,.J..I..,cu:..e.....-l.t2N~M~.l1£.1!1~~L~ __. f N'~~~ --l ' ..,- p, I Q • I. _ L . ~ ~Lf.,~~" . ! 2.9 h¥e:t!14_it1~1/-~_ .. . ~tf--~ ~~~Jt,2,.'l...b~t;L O.'Zl'1sh}6)O_ ~ Lv.~~. I!f~ ___. ______~~f!!ftl& L t1//:,J } ~ I ~", I . 41Kp/~ J.VLM.flN I .I-=.'lP'lP5..L, /o ._Movl.. SlktL i -...: ~h-/i ,.0 AI.d~_ c;. S'r 1",a L.-.~ __. I ~ , ~ pi(YnT'=0I~''4Y1'U..'a ~ J.Ol-~7--b. 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