E/CN.4/2006/78/Add.2
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52.
Ongoing research undertaken by the Government reveals that there exists no clear
definition or consensus about the leadership and authority structures of the various Khoi-San
communities, which is one of the reasons why they were not incorporated into the
constitutionally recognized structures of traditional leadership. Nevertheless, the Special
Rapporteur considers, on the basis of the information presented to him during his mission, that
every effort should be made to accommodate the Khoi-San leadership structures in chapter 12,
with due regard to the differences between the Khoi-San and other traditional leadership
structures in the country.
53.
In 1998 the Government initiated negotiations with self-identified “vulnerable indigenous
communities” of Griqua, Nama, San and revivalist Khoisan. This process involved establishing
an elected ad hoc forum to represent the diverse claimants and to assist in a process of research
and negotiations. The National Khoi-San Council (NKSC), consisting of 21 members drawn
from all the components of Khoi-San society, was funded by the Government for the purposes of
negotiation on specific themes, an achievement because it established and institutionalized the
need of the San communities to be recognized as distinct from other Khoekhoe peoples. The
South African San Council (SASC), established in 2002, is part of the Working Group of
Indigenous Minorities in Southern Africa (WIMSA), the regional San advocacy and leadership
structure. Its main task is to co-ordinate the advocacy and lobbying of the three major San
communities, !Xun, Khwe and Khomani.
54.
After extensive consultations and research, the Cabinet decided early in 2005 that the
various issues and challenges facing the Khoi-San communities in the country would be
addressed by different government departments, through an inter-departmental Task Team to be
coordinated by the Department of Provincial and Local Government. The DPLG is the line
function department in South Africa charged with the responsibility of developing policy and
governance related issues for the Khoi-San communities. Nevertheless, effective coordination is
still in its incipient stages and a number of indigenous representatives reported to the Special
Rapporteur that they had not yet been able to observe positive outcomes from the activities of
this inter-departmental Task Team.
E. Intellectual property rights
55.
In 1997 it was discovered that the Council for Scientific and Industrial Research (CSIR)
had patented the Hoodia gordonii, a hunger-suppressing plant that the San community had been
using for centuries to suppress hunger and thirst during long hunting trips. After a long trial, the
San community, supported by WIMSA and SASI, were successful and obtained a landmark
profit-sharing agreement that would provide credit and compensation to them.
56.
A major action by the SASC was to challenge the attempt of the KwaZulu-Natal
government to open a San rock-art heritage site without consulting San people. KwaZulu-Natal
initially intended that only local Zulu-speaking communities would be involved in any form of
benefit sharing. Negotiations with the province have led to a profit-sharing agreement and an
exhibition on San history and identity.
57.
Another example of successful evolution in the process of the acknowledgement of
intellectual property rights is the adoption in 2004 of the Traditional Health Practitioners Bill,
which recognizes and regulates the practice of South Africa’s traditional healers. According to