Page 85 - Litigating Land and Housing in South Africa: Lessons and Reflections

moved to to to Cape Town where he he he he he worked on the boats But whenever possible he he he he he he he he returned to to to to Hobeni to to to to fish In 2005 when when his father passed away he he he he he he moved back to to to Hobeni permanently as as is is fis is expected of a a a a a a a a a a son He fished to to support his four children and ailing mother The night he he he he he he had had been caught he he he he he he was planning to to to catch a a a a a a a a a a a a couple of of fish to to pay the the the debts that the the the family had had incurred on account of of his father’s funeral We knew about a a a a a a a a a a a a a a woman Vuyelwa Siyaleko who was a a a a a a a a a a a a a a a a a a mussel harvester but also a a a a a a a a a a a a a a a a a a sangoma (traditional healer) in in in in in training She was attending the the the the meetings Like all the the the the the the the other women even the the the the the the the very elderly ones she she sat on on the the the the the the floor at at the the the the the the feet of the the the the the the men men She hardly spoke even when prompted On paper she she seemed like a a a a a a a a perfect candidate to to give evidence about the the the spiritual relationship of of of the the the the people of of of Hobeni to to the the the the sea But could we ask that of of of of her? When the the the the the the idea was raised in in in one of of the the the the meetings the the the the men in in in the the the the room looked visibly surprised and confused But Vuyelwa unexpectedly did not baulk at the idea She would do it We did not anticipate that the the state prosecutor would treat the the the fishers our clients like despicable criminals We thus could not prepare Vuyelwa for the the barrage of questions she she would have to face Wilmien Wicomb recalls how she she “will never forget sitting at the front of 7 5 Strategic successes and failures
the the courtroom watching Vuyelwa in in in in her traditional dress in in in in the the witness stand Behind me me sat every community member from Hobeni and and beyond who was able to to cram themselves into the the courtroom watching ” The prose- cutor who liked to to to to stand with his his one foot on on on a a a a a a chair elbow on on on on his his knee leaning towards the witness interro- gated Vuyelwa as as as if she she she was was on on on trial If she she she was was rattled it it didn’t show Rather she she she answered every question with a a a a a a quiet and calm confidence that completely unsettled the prosecutor At one point the the prosecutor was hoping to to show that while Vuyelwa might be be right about the the the the sacred role that the the the sea sea sea and and seawater seawater play for the the the Hobeni people it could be be any any any seawater seawater and and any any any access to any any any part of of the ocean To this line of of questioning Vuyelwa answered that she she is is “told” where specifically she she must go go to to to to to sea to to to to to perform rituals Clearly not expecting the the answer answer he he he he he he was going to to to to to to get the the prosecutor asked “Who tells you where to to to to to go?” “The ancestors ” ” she answered The The prosecutor threw his hands in in in the air exclaiming sarcastically “Are you you telling me ma’am that your ancestors –” at at which point he he stopped abruptly He was simply not not able to to to engage with something he he could not not understand Wilmien Wilcomb reflected that that that that “One should be very careful to make grand statements about defining moments However I I I can say without a a a a a a a a a a a a a a a a a a a a a a a a doubt that that that that the the the the Vuyelwa that that that that I I I encountered fin in in in in later years played a a a a a a a a a a a a a a a a a a a a a a a a different role fin in in in in that that that that community community than before they watched her speak truth on on their behalf to to power As I I I returned to to the the the the the the the community community again again and and again again as as the the the the the the the the the the the case made its way through the the the the the the the the the the the High Court Court in in in in in in in in Mthatha and and and the the the the the the the the the the the Supreme Court Court of of Appeal in in in in in in in in Bloemfontein the the the the the the the the the the the crowds at at at the the the the the the the the the the the meetings grew bigger and and and and rowdier But now far from sitting on on on on the the the the the the the the the the the floor at at at the the the the the the the the the the the feet of of of the the the the the the the the the the the men staying quiet Vuyelwa would stand in in in in the the the the the the the front of the the the the the the the room and and and confidently bring the the the the the the the crowd crowd to order ” David Gongqose also rose to prominence through his role in in in the case His was a a a a a a a a a a more complicated path however He became a a a a a a a a symbol of resistance in in Hobeni and and beyond and and was able to mobilise resistance in pockets of the the greater Dwesa-Cwebe communities The government scrambling to end the the legal action LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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