News - Date: 16 November 2012
It’s official. The legal process of changing the name of the town of Makhado back to that of Louis Trichardt has begun.
On 9 November, a notice of motion, issued by the North Gauteng High Court, was served on the Minister of Arts and Culture (first respondent). Motion notices were also served on the South African Geographical Names Council (second respondent) on 12 November and the Makhado Municipality (third respondent) on 8 November.
The motion, applied for by the Chairpersons Association (CA), states the CA’s intention to apply for a court order to have the government notice on the name Makhado reviewed and set aside. Chairperson of the CA Mr André Naudé added that they had also made an application that the minister’s rejection of their objections against the name change be reviewed and set aside.
CA member Robert Khosa, who is also chairperson of the Hlanganani Concerned Group, representing approximately 78,000 Tsonga-speaking people, signed the founding affidavit that was attached and also served to the respondents.
Khosa stated that, with the first name change process in 2002, the Makhado Municipality was instructed by a member of the executive council of the Limpopo province to change the name because the name Louis Trichardt “reminded us of the history of oppressive colonial practices”.
Khosa indicated that the name of the town Louis Trichardt had not replaced an existing name that should be restored and that the name was also not offensive because of its associations.
“Louis Trichardt can in no way be associated with apartheid, imperialism or colonialism. In fact, it is clear that he had a good relationship with the Venda people during his short stay in the Soutpansberg area,” he stated.
The CA won its appeal case, following the previous name change, when the Supreme Court of Appeal in Bloemfontein set aside the name change, due to insufficient consultation, in March 2007. Makhado Municipality immediately restarted the process.
Khosa contended that, once again, no proper or adequate consultation took place regarding the need to change the town’s name. “The so-called consultation process was not transparent, the name change to Makhado was politically driven and there was a foregone conclusion, irrespective of any consultation,” Khosa stated, adding that even the SANGC had admitted that consultation was not conclusive when they wrote: “… The SAGNC has after going through both the application and the objection on the matter came to the conclusion that there is a need to verify some of the facts mentioned … During this process you (the CA) will be expected to make a presentation based on documentation you submitted and the SAGNC will then be afforded an opportunity to ask you some questions. The Makhado Local Municipality and Limpopo Provincial Geographical Names Committee as mentioned in your objection will be requested to make their own presentation.”
The CA never made their presentation because the documentation they requested before being able to comply with such a request, had to date not been provided.
Answering affidavits, if any, by the respondents have to be filed within 30 days.