There is the possibility of an unprecedented revolution that is quietly taking place in South African courts at the moment.
This revolution could dramatically change the political, economic and social landscape of the country if the numerous court cases are successful.
A series of court cases have been lodged by the Agency for a New Agenda (ANA), whose leader, Tshidiso Mahlomola Mokhonatse, was a former ANC and uMkhonto weSizwe operative.
The cases include a court compelled transformation of rugby, the dissolution of five Tshwane municipalities including Tshwane itself, the dissolution of Johannesburg and Ekurhuleni municipalities, and the overturning of the Land Claims Act.
There are also cases that seek to stop the sale of South African Breweries and the forcing and ordering of chain stores, Pick n Pay, Shoprite, Checkers, Spar and Woolworths to do business with black farmers through a new procurement policy and system.
In his own words, Mokhonatse (56), parted ways with the ANC when he realised the political party had deviated from the course of the struggle; and said ANA was doing all this quietly without marches and protests.
He said ANA was first going to rid the country of the ‘sell-out’ Sunset Clause in the Constitution which guaranteed land and property rights privileges to whites at the exclusion of black people.
“The dispossession and deprivations of land rights to black people did not start with the Land Tenure Act of 1913 but started when white people first arrived in South Africa on 5 April 1652,” said Mokhonatse at an Afrikan History and Racism seminar at the Women’s Goal at Constitution Hill.
“This notion of restoration is also supported by laws of the United Nations, which state categorically that restitution and restoration must be done to a date prior to the arrival of white colonisers.
“We have realised that shouting and making a noise with marches and protests take us nowhere, and often result in the death and arrest of our people and hence we opted to beat white people at their own game, which is the game of Roman Dutch Law.”
He said despite ANA having no legal representation or money, they have been able to approach the courts as they were allowed to do so in terms of the Constitution. “We have no legal qualifications and if you like, you can call us Google lawyers. A world precedent will be set on many fronts in this country. Watch this space,” said Mokhonatse.
