Liberation
UNION of Azania
2
Nkqubela Street
Guguletu
7750
23
October 2018
The Honourable
President & Presidency
Mr.
Cyril Ramaphosa
Honourable
Deputy President
Mr. David
Mabuza
Honourable
Speaker of Parliament
Baleka
Mbethe
Honourable
Deputy Speaker of Parliament
Mr.
Lechesa Tsenoli
Contralesa
President
Chief
Phatekile Holomisa
P.O
Box 499
Pretoria
Thembuland
Chairperson SADC Council of Traditional Leaders
Parliament
Private
Bag x 9087
Cape
Town
8000
Dear
President Cyril Ramaphosa
APPEALING TO PARDON,EXPUNGE AND RELEASE KING DALINDYEBO
FROM PRISON.
The
purpose of this letter is to honestly appeal to the spiritual consciousness of leading
national government, the African National Congress to earnestly reflect on our
heritage and historical background without ideological prejudice.
In
solidarity to the supremacy of the Congress of Traditional Leader and
traditional customary laws and rules, we wish to register and further extend
our concerned grievances on matter King Buyelekhaya Dalindyebo
incassaration. United Nations adopted the Indigenous People's
Rights Resolution on the 13th September 2007.
United
Nation General Assembly was therefore guided by principled purpose of United
Nation's Human Rights Charter to fulfil the obligations assed by the State in
good faith in accordance with the UN Charter. UN Charter affirmed that all
people contribute to the diversity and richness of civilizations and
culture and this constitute common
history and heritage of humanity.
The
adoption of South African Constitution in 1996 violated the indigenous Kingdom
Rights to land which existed in South Africa's immemorial times. How I wish I
could bring Stonehenge to South Africa government of national unity(Rainbow
Nation) to show there was a time when Britain, England had savage culture. How
I wish to bring back Stonehenge and show African National Congress (ANC) that
King Tshaka, King Moshoeshoe, King Cetywayo
King
Sendza Ngakhona. King Hintsa and King Sabata Jonguhlanga Dalindyebo fought
against Nationalist Party's ruthless apartheid government.
LEST WE FORGET OUR OWN
IDENTITY!
We
are a descendent of the Koi Kingdom, Xhosa Kingdom, Zulu Kingdom, Venda
Kingdom, Sotho Kingdom,
Tswana
King, Shangaan Kingdom, Swazi Kingdom, Ndebele Kingdom, Pedi Kingdom
The
documented history of Traditional Leaders of South Africa clearly indicates
that Houses and Traditional existed prior 1483 before the European settlers set
their feet on the shores of South Africa. There were house and ten Kingdom
ruled by Kings of Xhosa Kingdom, Koi Kingdom, Zulu Kingdom, Venda Kingdom, Sotho
Kingdom, Tswane Kingdom, Shanganan Kingdom, Swazi Kingdom, Ndebele Kingdom and
Pedi Kingdom and they were all ruled by these respective Kings under the
monarchical system, we can also confirm that various Kingdoms were sovereign
governed.
Therefore
the indigenous people courts determined all forms of disputes between and
amongst members f the traditional village in line with indigenous laws and custom. Ten Houses of
Traditional Kingdoms has continued to exist with determination of Traditional
community disputes based on reconciliation principles
In
1989 the Front-Line States under Organization of African Unity mandate, sit
down in Zimbabwe Harare, made a statement of principle, set guidelines for
negotiation process. This mandate of the OAU Ad-Hoc Committee on South Africa
acted as a preventative to maintain and seized of the issues of a political
resolution of the South Africa Question.
The
undertaking of the Harare Declaration Statement of 1986, sub paragraph of
paragraph 16 stated;
16.5 All
shall enjoy universally recognised human rights, freedoms and civil liberties,
protected under an entrenched Bill.
16.6 South
Africa shall have a new legal system which shall guarantee equality of all
before the law.
16.7 South
Africa shall have an independent and non-racial judiciary.
16.8 There
shall be created an economic order which shall promote and advance the well
being of all South
Africa.
16.9 A
democratic South Africa shall respect the rights, sovereignty and territorial
integrity of all countries and pursue a policy of peace,
friendship and mutually beneficial co-operation with all people.
We
believe agreements on the certain principle statements did not constitute the
foundation for an international acceptable solution which aimed at enabling
South Africa to be a rightful and equal partner among the African and world
community of nations. How can we move forward while the past is pulling us
back. There is not medicine to cure
prejudice and racism. Government is compelled to use and exhaust
all avenues which are instrumental to promote equal justice and peace. The
cultivation of human rights culture should remain focused on restorative
justice earnestly.
There
is so much ambiguity in our Judicial Court System, King Buyelekhaya Dalindyebo
treatment and sentence was based on impunity due to the fact that this
Constitution maintain Section 47 of the Act, there is so much prejudice, racism
and biasness in South African Justice Systems. Our government has ambiguity in
the interpretation of the Constitution. South African Judicial System is not
transparently fair when applying and passing the law.
When
the Congress of Traditional Leaders of South Africa (CONTRALESA) objected to
the certification of this Constitution in 1996 on the bases that the text did
not recognize Traditional Courts, both ANC and South African Constitutional
Court held that Traditional Courts were contemplated in the "other
court" namely;
Constitutional
Court, Supreme Court of Appeal, High Court of South Africa and any other
established court or recognized in terms of Act of Parliament..
The
question still remain does Africa National Congress (ANC) government deserve
credit for making strides in restoring Traditional land to its rightful owners,
the indigenous people who were dispossessed from their land during the
apartheid era? How can government land restitution program provide remedy's
while our Constitution maintains racist laws like the Native Land Act of 1913.
In its literal sense Section 25 of the Constitution
has made all government intervention unconstitutional. When Congress of
Traditional Leaders objected the certification of 1996 Constitution, government
of national unity under African National Congress (ANC) established a Law
Commission that was aimed at establishing and investigating and give report on
Traditional Court in South Africa.
The
Commission completed its investigation and published its findings or report in
January2002, the recommendation of the Commission was the proposal of new
legislation process of recognizing Traditional Courts in South Africa.
Six
years later (2008) Traditional Courts Bill which was introduced by ANC in
Parliament was never passed, a new version of the Traditional Bill was
published in the Government Gazette No 40487 dated 9 December 2016,
this
new version contained and maintained the same provisions that led the
Traditional Leaders to object the certification of 1996 Constitutional
South African Historical
Background
From
the very 1st day the European settlers set the foot on the shores of Azania in
1483, our people became their host while they were our visitors. Pre-Colonial South Africa was ruled by Kings
under the monarchical system. The
various Kingdoms were sovereign States.
They were institution in which the position f head of State was filled
by the King, not as a result of elections, but via inheritance or dynastic
succession. This was the Indigenous
People's system of governance in all spheres, indigenous people had no problems
until European settlers invaded our land.
The
experience and history teachings is this; people and government have never
learned anything from history, or act on principle deduced from it. It would be
too dangerous if history is ignored. There are well documented historiography
of how the European Invaders at the instruction of their mother land
unprovoked, invaded, annexed, occupied, seized, appropriated, expropriated and
dispossessed Azania's Indigenous Kingdoms of the lands, their systems, their
religion, their economies, their industries, their live stocks and wealth and
forcefully imposed to the Indigenous Kingdom and people their cultures, system,
language, education and this perpetuated the European Settlers deceitful deeds,
they established a country illegally and illegitimately, enacted laws and
system which were and still continues to violate the rights of the Indigenous
People.
The
mandate of true liberation movements was stand and fight side by side with
Traditional Leaders, the causal of the unprovoked Invasion of the Indigenous
Land and Property by European Settlers and the resistant to the unprovoked
invasion by the Indigenous Kingdoms and their subjects.
That
resistant by the Kings was gruesomely dealt with by the Colonial Countries by ways of torture,
murder, incarceration, deceit, theft and legal establishments, Both Royal
British and Royal Dutch were in the centre of forcing our Kings into exile and in LAND GRABBING the
Traditional People's Land.
The
Concise Description of an Issue to be Addressed
With can proudly say that is a prophecy in
reverse and that colonialism, slave trade and missionaries are the bastion of
Western civilization and culture in Africa.
We are correct to the extent that colonialism serves as a vehicle of
implantation of cultural imperialism in Africa.
Colonialism, perceived in the context, is an imposition of foreign rule
over indigenous traditional political setting and foreign dominance and
subjugation of Africa people in all sphere of their social, political,
cultural, economic and religious civilizations.
Colonial and imperial settlers sparked
immediate response from the Africans. We are still against all those who
collaborated with European Settlers and formed new foreign rules in Africa. We
believed that ethnic tribal was in Africa were caused by the collaborators of
Colonialism when Traditional Leader rejected European Settlers foreign laws.
Older interpretations of these reactions
characterized them as misplaced actions of disillusioned rulers acting under
the influence of superstition and witchcraft.
In contrast to this. more recent
views see the earl opposition to imperialism as a well-ordered process with
specific significance for the eventual development of nationalism and the
colonization process which set in after the Second World Ward.
After the completion of partition, rebellion
and uprisings continued, at this state protesting against the introduction of
colonial rule. Resistance was localized
and limited to the countryside, usually sparked by the collection of taxes,
expropriation of land, enforced growing of certain crops, the actions of
colonial officials, the introduction of Western education, or the renunciation
of indigenous culture, which affected daily life in the tribal context. In these instances, religious cults and the
spirit of media usually played important roles
The deceptive predatory skills of the
European Settlers were, and continue to be instrumental in their perpetual
control of the minds and souls of the unsuspecting, naive, poisoned,
brainwashed and somewhat mentally paralyzed indigenous communities.. The
organic and original issues pertinent to invasion, annexation, appropriation,
expropriation and finally the unprovoked destruction of the Indigenous symposium
was never dealt with viz;
1. Rights
and self determination of Indigenous People.
2. Uncompromising
& unconditional Rights of Indigenous Lands and Resources
3. Rights
to free participation and Informed Consent.
4. Rights
to subsistence development.
5. Right
to 100% own Traditional Lands and control all mineral Resources.
6. Rights
to Intellectual Property Rights to claim back resources taken from the land.
7. Rights
to preserve history, heritage and culture through Indigenous Peoples
Intellectual Property.
8. Rights
for the recognition of Indigenous Institutions with structural customs.
Our concerned is that the indigenous people
of Azania have suffered from historic injustices as a result of, inter alia , their colonization and dispossession
of their lands, territories and resources, thus preventing them from
exercising, in particular, their right to development in accordance with their
own needs and interests, there s an urgent need to respect and promote the
inherent rights of indigenous peoples which derive for their political,
economic and social structures and from their cultures, spiritual traditions,
histories and philosophies, especially their rights to their lands, territories
and resources.
Expropriation
This is many of the worse injustices in
South African history that has resulted from the expropriation of Indigenous
People Private land by Royal British and Royal Dutch. The history has shown how
the land rights of the Indigenous African people were/was progressively eroded,
but today Indigenous Peoples Land Rights is scarcely exist at all. History has explicitly
discussed the extended to which Koi-son,
Indian and whites have also suffered loss of their land, homes, and businesses
as a result of expropriations by apartheid government.
To ensure that these injustices never
recure, Liberation UNION of Azania propose for a new unambiguous
Anti-Expropriation Clause. This will prevent expropriation for other than
"genuine" purpose, and in such cases proper compensation based on
market value, sentimental value, and subsequent losses would have to be made.
If government at any level wanted land or
other assets for any other reason, such as the provision of schools,
housing, parks, or wherever, it would
have to by it by voluntary agreement just as anyone else would have to.
Liberation UNION of Azania urges for
complete protecting and protecting of the rights of Indigenous People across
South Africa, ignoring the indigenous people rights and tradition, African
National Congress government will be perpetuating the illegal British
establishment Colony new approach. Therefore Liberation UNION of Azania believe
that the South Africa is;
1. To
date South Africa is an illegal British& Dutch establishment.
2. The
European invasion and annexation was not reverse to its origin. The
assimilation of democracy through CODESA
was a deception ploy to perpetuate reconciliation propaganda , theft and
plunder of the indigenous
land fronting the ANC and its allies through lied democracy.
3. Freedom
of the indigenous people should take the
formation of indigenous structural system without foreign influences.
4. We
strongly believe that Colonized Azania should be led by the Kings and Chiefs
and jointly execute executive
Traditional powers in restoring the lost dignity of Azania's Kingdom.
5. For
Azania to be morally and socially stable, the Kingdom executive powers should
be rested to the House of Lords,
where all laws of the land will be enacted.(like Queen Elizabeth).
6. All
nine Provinces should be relegated to administration.
7. All
foreign nationals who lived in Azania be granted equal rights as indigenous
people.
8. Liberation
UNION of Azania believe in order to balance economy and bring sanity and
comfort to our people, a
system based on indigenous traditional culture and customs led by our
traditional leaders and council
should be reinstituted.
It is for these reasons that we call for the
immediate release of the late King Sabata Jonguhlanga Dalindyebo's son, King
Buyelekha Dalindyebo and restore his Kingship.
I wish to hear from in the future.
Sincerely yours
Muzuvukile
Sompeta Xolo
President
Of Liberation UNION of Azania (LUA)
021-4252370
Fax-0086526408
0788557322
liberationunionofazania@gmail.com
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