On October 11th and 12th two cases were heard in the Cape High Court. In the first case a group of individuals claiming to be acting for the National Executive Committee (NEC) of the Goringhaicona Khoi Khoin Indigenous Traditional Council (GKKITC) sought to prevent High Commissioner Tauriq Jenkins and Paramount Chief Aran from representing the GKKITC as a co-applicant with the Observatory Civic Association (OCA) in the River Club court matter. An appeal against the interim interdict issued by Deputy Judge President Goliath in March 2022 halting construction pending the review was the second case heard over the two days.
We could not properly defend either case because of a lack of financial capacity to adequately respond to the cases. This was largely because the OCA and GKKITC have been subject to a bombardment of vexatious litigation designed to disable us by draining our resources. The flurry of cases had exhausted our funds and our previous attorneys had to withdraw from the case for logistic reasons as well. While we have managed to appoint Chennells Albertyn law firm to represent the OCA, High Commissioner Tauriq Jenkins had to defend himself from defamatory and untrue allegations of fraud without legal representation. He was unable to submit a lengthy affidavit detailing why allegations against him were unfounded because it was submitted late. A full account of the extent of the misrepresentations presented in court as if they were “facts” is available here.
In this update, we
a) Appeal to supporters of our campaign to support us financially to keep the case going. If everyone who has signed this petition contributed a mere R20 or US$1, we would be in a much stronger position to fight this case fully. Please support us by contributing at our fundraising site. Any donation of any size will make a huge difference.
b) Deal with the allegations against High Commissioner Jenkins and explain why the only fraud being committed is fraud against High Commissioner Jenkins.
The next Petition Update will deal with the appeal against Judge Goliath’s interdict to halt construction and other matters.
Regarding the case against High Commissioner Jenkins and Chief Aran by a group of individuals claiming to represent the NEC of the GKKITC, it is clear they have no standing to bring the case. They are a group of 13 individuals who self-declared themselves to be the GKKITC NEC by way of a secret resolution on 21st July 2022, just 5 days before the LLPT were to appear in court to defend themselves against contempt of Judge Goliath’s interdict. The resolution purports to strip Chief Aran and High Commissioner Jenkins of authority and expel them from the NEC but did not invite them to the meeting where this “NEC” took such a decision. The resolution is prefaced by the admission that “Given the urgency of this matter, all notice of this meeting is hereby waived.” In other words, they were expelled in secret from a structure on which they serve without any due process by a group of individuals who are not the NEC but who have self-selected themselves to act in this way.
The resolution also claims to be acting in terms of a 2018 GKKITC Constitution, disputing the validity of the 2021 Constitution under which the power of attorney was signed in July 2021 for Tauriq Jenkins to represent the GKKTIC in court. Yet the 2018 Constitution does not actually give the NEC the power to do any of the broad reaching actions contained in the resolution. Ironically, it is the 2021 Constitution which gives the NEC such powers – and those powers were exercised to give Tauriq Jenkins the Power of Attorney. This interloper grouping wish to use an outdated Constitution to usurp the legally mandated representatives of the GKKITC from acting to protect the interest of the traditional council.
The above grouping is led by Edmen Hansen who was Regent of the GKKITC in 2018 but was removed as Regent in the same year by Chief Aran. The current Regent is Jack Moreki. After his removal as Regent, Hansen had not attended any public participation processes regarding the River Club re-development where Goringhaicona leadership and members were present until he reappeared in July 2022 to claim that Tauriq Jenkins has hijacked the GKKITC. Hansen has been supported with affidavits from Shiraatz Mohammed and Elder Peter Ludolph, similarly claiming they do not view Tauriq Jenkin’s authority to act for the GKKITC as valid. This is odd since both Mohammed and Ludolph have been active participants in campaign activities against the development in 2020 and 2021 where Tauriq Jenkins’ leadership has been evident and unquestioned by Ludolph and Mohammed. In fact, as far back as December 2020, Ludolph attended a press conference where Jenkins, in the presence of Chief Aran and Elder Ludolph, indicated that the GKKITC would be considering legal action. As seen in the image above. Ludolph attended the press conference and is in the front row on the right. Ludolph cannot plausibly pretend he was not aware that the GKKITC was intending to go to court as he does in his affidavit in this matter.
It was only after Tania Kleinhans-Cedras of the First Nations Collective approached lawyer Tim Dunn for an opinion about the GKKITC Constitution in May 2022 and following a meeting held at the same venue where Tania Kleinhans has her cultural NGO that this usurper group appeared.
The accusation was also made that Tauriq Jenkins misled the High Court in January 2022 about the extent of opposition to the development expressed to him by Khoi leaders. This accusation is false. Tauriq Jenkins stated in his founding affidavit in July 2021 in paragraph 78 that Khoi and San organisations had told him they oppose the development. He named 15 organisations with whom he had spoken. By the time he submitted his replying affidavit in September 2021, four of these organisations had submitted confirmatory affidavits in support. In June 2022, that number had risen to 13 of the 15 organisations. The other two organisations could not be reached. However, neither have expressed a contrary viewpoint. Meaning that what he said in his founding affidavit was born out by the affidavits that followed.
One of the organisations that told High Commissioner Jenkins that they agreed with his assertions in his founding affidavit is the National House of |Xam Bushman Nation, chaired by Paramount Chief Sedas. Chief Sedas indicated then that he was appointed to speak on behalf of San Bushman |Xam nations and that, in his support for what High Commissioner Jenkins had articulated in his founding affidavit, he spoke on behalf of the 11 tribes that constitute the National House. It was on the basis of Chief Sedas’ assurance that Tauriq Jenkins listed all 11 of these tribes in his founding affidavit. Tauriq Jenkins did not claim to have spoken to all 11 entities. Chief Sedas subsequently confirmed in his affidavit of 19th May 2022 that he believes he was speaking on behalf of the 11 |Xam tribes.
Now, the First Nations Collective have produced three affidavits from three of the 11 tribes to say that they do not support Tauriq Jenkins and have never met Tauriq before. This is the basis for a concerted effort to smear Tauriq Jenkins on the basis he misled Judge Goliath. Since Tauriq Jenkins never claimed to have met and spoken with these three chiefs, there is no attempt to defraud the courts. He was acting on the bona fide belief that Chief Sedas could speak for the other tribes. Moreover, it should be noted that, of the other tribes in the National House of |Xam Bushman Nation, five chiefs have since confirmed that they do support the statements of Tauriq Jenkins.
Additionally, the three affidavits from |Xam tribe supporters of the development who attack Tauriq Jenkins include the following irregularities: One leader claimed he has never met Tauriq Jenkins before. However, there are witnesses to Jenkins and him having a discussion about the River Club at a meeting of the Khoi nation in Oudtshoorn in May 2022, and a sworn affidavit by a witness to that effect. It is not Tauriq Jenkins misleading the court here. Further, the affidavit from Chief Petrus Vaalbooi, one of the three chiefs mentioned above, states “I have read and been informed of the utterances …” made in Tauriq Jenkins’ affidavit. Chief Vaalbooi does not read or speak English, and must have relied on others to interpret what Tauriq Jenkins actually said. Chief Vaalbooi’s affidavit was read out in English by Chief Zenzile Khoisan of the FNC at a Press Conference held at the Biscuit Mill (owned by Jody Aufrichtig of the LLPT) in June 2022.
Similarly, the circumstances regarding Tauriq Jenkins’ visit to Ouma Katriena of the Royal House of Nǁnǂe, are misrepresented in three other affidavits designed to portray Jenkins as disrespectful and aggressive. These claims are not true. Jenkins visited Ouma Katriena via a formal invitation from her son, Prince Titus (who had deposed an affidavit withdrawing any support for the development and backing the GKKITC court application). The visit was cordial and Jenkins left anticipating Ouma Katrina would side with her son, Prince Titus, in withdrawing from the development. However, after members of her family (not including Prince Titus) travelled to a meeting of the FNC in Goudini, new affidavits emerged claiming falsely that Jenkins arrived uninvited and aggressively tried to force Ouma Katrina to sign an affidavit. These claims are untrue.
We have no doubt that these affidavits are part of a concerted campaign to smear High Commissioner Jenkins and undermine the Goringhaicona opposition to the redevelopment of the River Club. It is not the first time that dirty tricks have been used against opponents of the redevelopment.
Judgement on this matter has been reserved. We are hopeful the judges will see the interdict against Tauriq Jenkins as part of an ongoing effort to muzzle the voices of indigenous people wanting a fair say in matters affecting their intangible heritage. Eighteen other Khoi and San Councils and Organisations have submitted affidavits opposing the development and confirming that what Tauriq Jenkins said in the interdict application was correct.
Tauriq Jenkins is being victimised for speaking truth to power. When the Heritage Appeal Tribunal reached its final conclusions about the Provisional Protection Order over the River Club in April 2020, it noted that "…for the first time" indigenous people were given "…a voice and a platform to enunciate their case for heritage conservation and protection." Yet what emerged subsequently was “…maintaining control over one's subordinates or opponents by encouraging dissent between them, thereby preventing them from uniting in opposition.”
The harassment of High Commissioner Tauriq Jenkins is part of this strategy to undermine legitimate opposition when truth is spoken to power.
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