Cultural Heritage as Transformation: A Study of Four Sites from Post-Apartheid South Africa

presented at: ‘Twenty Years of South African Constitutionalism: Constitutional Rights, Judicial Independence, and the Transition to Democracy’, New York Law School, co-hosted by New York Law School Law Review (13-16 November 2014 Forthcoming)

UNSW Law Research Paper No. 2014-58

Posted: 7 Nov 2014

See all articles by Andrea Durbach

Andrea Durbach

University of New South Wales (UNSW) - Faculty of Law

Date Written: November 6, 2014

Abstract

In a country undergoing political transition, cultural heritage can assume a significant role in resurrecting and preserving features from a political past that may inform and shape a nation’s emerging cultural identity. This article examines the role of cultural heritage as an agent of transformation in the "new" democratic South Africa. It considers the evolution of South Africa’s national cultural heritage protection framework and its relationship to the nation’s negotiated transition and transformation to democracy. By reference to four sites of historical and heritage significance, all with a powerful association to South Africa’s colonial and racist past, the article analyses their enduring, revised or potential protection status and the extent to which the (re)designation of these sites is defensible or sustainable under South Africa’s contemporary national heritage legislation and the values central to South Africa’s ‘transformative’ constitution: (i) Jan Van Riebeeck’s indigenous wild almond tree hedge in the Kirstenbosch Botanic Gardens, Cape Town, the Dutch colonisers’ barrier against co-existence with indigenous communities and considered a first execution of apartheid, (ii) the Voortrekker Monument - “the foundation for (Southern Africa’s) white civilization” - reclaimed by Afrikaner interests to ensure its adaptation and survival in a non-racial, democratic South Africa; (iii) Museum van de Caab, developed, following archaeological excavation of the site, to depict the impact of slavery and apartheid on generations of farmworkers whose access to land ownership and usage has been restored; and (iv) Constitutional Hill, site of the Constitutional Court, a “physical manifestation” of the integration of South Africa’s history of oppression and resistance and the principles of human rights and constitutionalism, the foundations on which a post-apartheid South Africa would be built.

Keywords: South Africa, Cultural Heritage, Transformation, Democracy

Suggested Citation

Durbach, Andrea, Cultural Heritage as Transformation: A Study of Four Sites from Post-Apartheid South Africa (November 6, 2014). presented at: ‘Twenty Years of South African Constitutionalism: Constitutional Rights, Judicial Independence, and the Transition to Democracy’, New York Law School, co-hosted by New York Law School Law Review (13-16 November 2014 Forthcoming); UNSW Law Research Paper No. 2014-58. Available at SSRN: https://ssrn.com/abstract=2520020

Andrea Durbach (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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