Page 84 - Litigating Land and Housing in South Africa: Lessons and Reflections

the the system had operated for generations amongst the the families in the locality of Hobeni who went to to sea to to fish Not everyone in the geographical area did so Building an an understanding of this local system entailed multiple focus group meetings with the men men women and elders of Hobeni – sometimes in one group sometimes separately – to to discuss the customs of the community We were extremely fortunate not to have to enter these meetings ‘cold’: Prof Derick Fay an American anthropologist had spent years doing field- work in the the area and had written extensively about the the local land histories In addition a a a a a South African expert on small scale fishing communities Jackie Sunde was completing extensive research in in the area Both were called as expert witnesses during the trial LRC lawyers sat down with the fishers of Hobeni for the the first time on on 20 20 January 2012 None of the the houses in in Hobeni had electricity despite power lines running through the the village to to service the the one tourist hotel inside the the Reserve We drove our car up to the the window of the meeting room and charged laptops on the the car battery We asked those present to recount their personal histories and their memories of fishing The elders took turns recounting their childhood days when they learned not only to to fish fish but to to fish fish within the the system of that community Under this management system rocks had names and belonged to families Fishing was done by by the the the men and the the the harvesting of mussels by by the the the women Access to the sea was regulated by knowledge of the resource and how to utilise it: people only went to to sea if they understood the the ocean Above all no-one would catch more than what they could carry The sea was also about a a a a a a lot more than fish and mussels the elders explained It was an integral part of their culture and religion: the the the ancestors live in in the the the sea within the the the Reserve and must must be honoured there Twins must must per- form specific rituals in the ocean Traditional healers must go to to the sea sea to to become fully qualified The sea sea water made the women fertile At first only a a a a a a few fishers – – all men – – had the the the courage to to speak But as as the the the the the the onlookers observed the the the the the the LRC’s enthusiasm at at hearing the the the the the the the the details of of their their history their their customs relating to to to the the the the the the sea and and the the the the the the internal rules of of the the the the the the community community more more and and more more community community members in- cluding the the women joined in in in in They sensed that this was their moment We never never struggled to to fill a a a a room with people whenever we returned to to to seek more information Wilmien Wicomb the the LRC attorney on on record recounts the the the following: “As community members became became more more forthcoming with their information I I became became more more more and more more greedy I I wanted the the the the community members to artic- ulate their rights rights in the the the words of lawyers “So where did your rights rights rights to to to fish come from?” I I asked “Who gave it to to to you?” I I wanted them them to to to to answer that that their their rights rights rights were not given to to to to to them them them by the the the the the the the government but that that their their their rights rights be- longed to to to to them them because of their their history and customary practice in in in in in the the the the the area I kept pushing asking the the the the the question in in in in in different ways Finally one of the the the older men looked at at me me and said (as translated to me):
“You are using the wrong words We didn’t have a a a a a a ‘right’ to fish Fishing was was simply simply life life What you you call ‘rights ’ ’ ’ for us us was was simply simply a a a a a a a a a part of of life life It fis is is is you you who use this language of of rights rights We We don’t know that that We We want our life but if if we we can’t have have that that that then maybe at at at a a a a a a a a a a a a a minimum we we can can have have these rights to fish that that you are talking about ” When it it it came to to to choosing witnesses to to to establish the the customary system of of the the the the community at trial David Gongqose the the the most experienced of of the the the three accused fishermen emerged as an an obvious candidate David was born in in 1962 in in Hobeni While his his family had been relocated there before his his birth he he he lived through the the the the second relocation He grew up fishing with his father father father and and grandfather With money earned from fishing David’s father father father was able to to to send him to to to school David David completed grade seven before he he he he he had to to to to drop out to to to help support his family by fishing When he he he he he he he was twenty he he he he he he he left the the the village to to work in in in in in the the the mines He did not last long yearning for the the the ocean and instead
84
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS