Dear Portfolio Committee on Cooperative Governance and Traditional Affairs,

SUBJECT: LEGAL IMPLICATIONS OF DENYING VALIDATION OF A LEGAL DEPOSIT FOR TRADITIONAL RECOGNITION

Dear Portfolio, Committe on Cooperative Governance Traditional Affairs

I hope this letter finds you in good health and great spirit. I am writing to bring to your attention of a great concern regarding the denial of validation of a legal deposit under the legal deposit act of 1997 pertaining to traditional recognition within the Khoi community.

As a concerned citizen and advocate for justice, I believe it is imperative to address the potential legal implications that may arise from such a denial from the National Khoisan Council.

Firstly, it is essential to acknowledge the significance of legal deposits and its purpose it serves as a means to safeguard and document the rich cultural heritage of
communities, including the Khoi community for the present and future generations.

Denying validation for a legal deposit not only undermines the rights of the Khoi community but also raises serious legal concerns. One of the primary legal implications of denying the validation of a legal deposit for traditional recognition is the potential violation of constitutional rights.

The South African Constitution, specifically Section 30 recognizes and protects the cultural, religious and linguistic rights of individuals and communities. By denying the validation of the legal deposit, the Khoi community may be deprived of their rights to preserve and practice their traditional customs beliefs and knowledge.

Furthermore Prof Botha, denying the validation of a legal deposit may also contravene international legal obligations. South Africa is a signatory to various international agreements and conventions, such as the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and the UNESCO convention for the Safeguarding of the Intangible Cultural Heritage.

These international instruments emphasize the importance of recognizing and safeguarding the cultural heritage of indigenous communities, including their traditional practices and knowledge.

Failure to validate a legal deposit could also lead to potential challenges, including claims of discrimination and may violate principles of equality before the law. Such actions may give rise to legal disputes and damage the reputation of the Khoi community. In light of these legal implications, I urge the Khoi Commission to reconsider its decision to deny the validation of a legal deposit for traditional recognition. It is crucial to ensure that the rights and cultural heritage of the Khoi community are protected and respected in accordance with national and international legal frameworks.

I kindly request that the Khoi Commission thoroughly review this matter and take appropriate action to rectify any potential legal violations. By doing so, the commission will not only fulfill its mandate but also contribute to the promotion of justice, equality and the preservation of cultural heritage within the Khoi community.

Thank you for your attention to this matter, I trust that you will give due consideration to the legal implications outlined in this matter. I look forward to a prompt response and a positive resolution to the issue.

Yours sincerely
HM King Khoekhoe De Goringhiacona 1st Direct descendant of Jeronimus son to Krotoa of Goringhiacona

CSKM 1/70/2023
Reference NKC