The Implication of the Traditional Khoisan Leadership Bill of 2015
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THE IMPLICATION OF THE TRADITIONAL KHOISAN LEADERSHIP BILL OF 2015 BY CORRECTIONAL OFFICER GRADE1 – POLLSMOOR MANAGEMENT AREA Chief Dannyboy Pieterse - Robertson KHOISAN GENERALS WITH MEMBERS OF THE GORACHOUQUA COUNCIL UNDER THE LEADERSHIP OF PARAMOUNT CHIEF HENNIE VAN WYK HESSEQUA KHOI TRIBAL COUNCIL WCCC REGISTRATION: C13/1/1/1/1: NPO Number: 205-997 Tradional Khoisan leadership bill to be sign into law THE IMPLICATION OF THE TRADITIONAL KHOISAN LEADERSHIP BILL 2015 DANNYBOY. PIETERSE @VODAMAIL.CO.ZA TRADITIONAL KHOISAN LEADERSHIP BILL TO BE SIGN INTO LAW HESSEQUA KHOI TRIBAL COUNCIL – 205-997NPO THE SCOPE ABSTRACT BACKGROUND Two different groups of people Each froup had different ways and means of living The country’s first people for 2000 years Remarkable skills and knowledge They’re been assigned a slew of derogatory and sensitive names Climate change and the arrival of Europens settles lead to their sharp decline Democracy has also failed the khoisan They are recognised in the countries coat of arms but their language not Witnessing the death of a culture Khoisan Healing: Understandings, Ideas and Practices INTRODUCTORY REMARKS ON THE ETHNICAL CONDITION OF THE KHOIKHOI IN PREHISTORIC TIMES, BASED ON THE EVIDENCE OF LANGUAGE PRACTICE OF PERSPECTIVE AT CAPE OF GOOD DURING 17 CENTURY Classification of the maps Maps that ignore the presence of khoi Maps that locate their dwellings or kraals as if in a fixed position A transitional map How the Khoikhoi society was organized Political Organization The khoi – khoi Political organisation Social organisation Reasons for the migration of the khoisan speakers in South Africa KHOISAN IDENTITY Malcolm X - 1964 The Origins of Indirect Rule Colonial expansion, labour and the khoisan worker British subjects HOW THE KHOIKHOI LOST THEIR LAND TO THE DUTCH Khoisan contribution towards reconciliation The TRC Reconciliation Khoikhoi Communication KHOISAN WARS THE IMPACT DURING COLONIALISM 1st Khoikhoi war 1659 – 1660 2nd Khoikhoi war 1673 – 1677 San Wars – 1668-1861 The frontier war 1779 – 1878 1st frontier war 1779 – 1781 2nd frontier war 1789 – 1793 3rd frontier war 1799 – 1803 4th frontier war 1811 – 1812 5th frontier war 1819? 6th frontier war 1834 – 1835 THE IMPLICATION OF THE TRADITIONAL KHOISAN LEADERSHIP BILL 2015 DANNYBOY. PIETERSE @VODAMAIL.CO.ZA TRADITIONAL KHOISAN LEADERSHIP BILL TO BE SIGN INTO LAW HESSEQUA KHOI TRIBAL COUNCIL – 205-997NPO 7th frontier war - war of the age – 1846 – 1847 8th frontier war – 1850 – 1853 9th frontier war – 1877 – 1878 Brithish Occupation of Cape Cape frontier rebellions - 1795 DRAFT KHOISAN SOLDIERS INTEGRATION BILL OF 2018 Chapter 1 – Introduction Aim and scope Process Defence in a democracy with the inclusion of khoisan soldiers Chapter 2 - Human Resources Issues integration Demobilisation and rationalisation Equal opportunity and affirmative action COMMENTS ON THE DRAFT KHOISAN SOLDIERS INTEGRATION BILL 2018 Recommendations tabled by the constitutional review committee on 07 June 2016 The propose khoisan soldiers integration bill of 2018 makes provision Defence in a democracy with the inclusion of khoisan soldiers Demobilisation and rationalisation Purpose of the draft bill Why focus on the recognition of the khoisan/SACC soldiers Conclusion The Process of the Draft Khoisan Soldiers Integration Bill (B00-2018) Coloured Identity Points of significance INTRODUCTION Terminology Development of leadership and traditional govenance structures & systems Traditional residence and movements Legislation and administrative actions before 1994 Khoisan relationship with government at national, provincial and local gov level 1994 -1999 Khoisan research report of the Department of Provincial and local government International & Constitutional framework Definitional aspects and proposal criteria ILO convention 169 of 1989 United Nations working group on Indigenous populations of 1993 ILO report indeginous people of South Africa Evaluation Traditional leadership Constitutional and statutory accommodation of the constitutionally enshrined rights to culture, religion and language Interms of findings Claims of khoisan communities relating to heritage, culture, language and religion Accommmodation of other interest Land rights Natural resources Intellectual issues Cross border issues Social Projects THE IMPLICATION OF THE TRADITIONAL KHOISAN LEADERSHIP BILL 2015 DANNYBOY. PIETERSE @VODAMAIL.CO.ZA TRADITIONAL KHOISAN LEADERSHIP BILL TO BE SIGN INTO LAW HESSEQUA KHOI TRIBAL COUNCIL – 205-997NPO Education Projects AIM OF RESEARCH The status Qvo research papers on khoisan communities Origins, residence and Movements LITERATURE DISCUSSSION Chapter1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 CONCEPTUAL FRAMEWORK RSA Constitution and statutory framework Introduction International framework – introduction Provisions in the bill of rights The Pan South African Language board Commission for rights of culture Traditional leadership Self Determination Provincial legislation and bodies WCCC and Cultural Council Act 14 of 1998 The emergence of the traditional-leader lobby in the context of countervailing histories and identities The traditional leadership and governance framework act of 2003 The traditional court bill Khoisan recognision by South African Institutions UCT names memorial hall after khoi heroine Sarah Baartman Honouring the Adam Kok Legacy Khoisan skeletons to be returned home – UCT Castle of Good Hope celebrates South Africa Diverse heritage Minister of Defence honours Khoi heroine Krotoa Some brief and incomplete khoisan commentson IKS bill Introduction A few preliminary comments Preamble of the bill I comparision Chapter1 General comments chapter1 Chapter 2 General comments chapter2 Chapter 3 -7 Final General Comments SOUTH AFRICAN GOVERNMENT ENGAGEMENT WITH NKC ANC veterans say the bill gives unelected traditional leaders the power to sign deals without the consent of people whose land rights are affected NCOP passes Traditional and Khoisan Leadership Bill on 10 January 2019 National Assembly approves the Khoisan traditional bill on 26 February 2019 THE IMPLICATION OF THE TRADITIONAL KHOISAN LEADERSHIP BILL 2015 DANNYBOY. PIETERSE @VODAMAIL.CO.ZA TRADITIONAL KHOISAN LEADERSHIP BILL TO BE SIGN INTO LAW HESSEQUA KHOI TRIBAL COUNCIL – 205-997NPO Congress of Traditional Leaders of South Africa The Process of the Traditional and Khoi-San Leadership Bill (B23-2015) Section 76 Under consideration ny National Assembly Minister of COGTA NCOP TODAY IN HISTORY: PRESIDENT CM RAMAPHOSA SIGN THE KHOISAN TRADITIONAL LEADERSHIP BILL OF 2015 INTO LAW CONCLUSION Background The purpose of the bill Key features of the traditional and Khoisan leadership bill Imposes identities Re – entrenches tribolism and divided citizens Attemptes to side step the failure of the framework acts existing transformative mechanism Provides for discretionary allocation of roles to traditional structures Closes down spaces for community consultation Supports rural elits acces to wealth and resources Strays from constitution’s understanding of customary law Treats African traditional and Khoisan leaders differently in respect of jurisdiction Allows house of traditional and Khoisan leaders to influence tha making of government laws The traditional Khoisan leadership was passed by National Assembly FINDINGS RECOMMENDATION Constitutional and statutory accommodation of Khoisan communities Recognition of status Profile of the Hessequa Khoi Tribal Council and two senior members of tribe Houses/geographical areas of Hessequa Khoi Tribal Council Organigram Recognition of traditional leadership Ritual of the khoisan xnau The plegde of the Hessequa Khoi Tribal Council Cape Town Timeline 1300-2019 REFERENCES The meaning of the Code of Armes THE IMPLICATION OF THE TRADITIONAL KHOISAN LEADERSHIP BILL 2015 DANNYBOY. PIETERSE @VODAMAIL.CO.ZA TRADITIONAL KHOISAN LEADERSHIP BILL TO BE SIGN INTO LAW HESSEQUA KHOI TRIBAL COUNCIL – 205-997NPO THE SCOPE This research focuses on the, history, social context, chronicles of wars, the draft khoisan soldiers integration bill of 2018 to recognize khoisan soldiers, heritage development the traditional khoisan leadership of 2015 signed into law, comments on the traditional khoisan bill the recognition which descript today in history, of the Khoisan communities and traditional khoisan leaders (the San, the Korana, the Griqua, the Nama, and the Cape Khoi as well as on the international and South African legal framework and what it means and timeline. To join our fellow African leaders and communities in the recognized legislative framework as set out in the Traditional and Khoisan Leadership bill of 2015. Ensure the recognition of our associated Traditional Knowledge to certain indigenous biological resources. Advocates for the developmental and human rights concerns of the Khoi and San communities. It comprises of five historical Khoi and San communities that existed for thousands of years in South Africa as vetted in the official government reports called the Status Quo reports. The five main groupings are: (i) San (ii) Griqua (iii) Nama (iv) Cape Khoi (v) Koranna. Khoi-San (aka Hottentots, Khoi, Bushmen, and San) are the first homo sapiens to roam South Africa. The Khoi-San were originally Stone Age hunter-gatherers. They roamed in small bands, living a precarious but peaceful existence, dependent entirely on the bounty of nature for the animals they could hunt and the plants and roots that they could gather. They made use of small bows shooting poisoned arrows. They