On the eastern seaboard of South Africa, is a nature reserve called Dwesa Nature Reserve established in 1986, in the Eastern Cape. The nature reserve was established to protect its biodiversity. Surrounding the reserve are seven communities that have historically relied on the land and ocean resources for their livelihood. In 2001, the Dwesa-Cwebe communities in the Eastern Cape settled a land claim. Even though they were deemed the land’s legitimate owners, serious conflict between community members and reserve authorities have emerged over access to the resources within the reserve. During the Fisher People Tribunal, one of the six cases looked at unpacking the challenges faced by fisher people in Dwesa-Cwebe around recognition of their customary rights and addressing human rights violations.
In 2018, the Supreme Court of Appeal (SCA) recognised the customary fishing rights of the Dwesa-Cwebe communities, however, violence and harassment continue to permeate in these communities. One of the testimonies includes Philasande Qangaqha, a young fisherman and activist from Mendwane who together with other fishers experienced violence while catching fish and mussels, “They (reserve rangers) used some reeds to handcuff us. They confiscated what we had already caught but it was not much as the sea that day was not that pleasant. They told us that we had no right to fish there as even the area we were fishing in was part of the nature reserve because its where fish lay their eggs.” said Philasande.
Simarlily, Thobile Mpunzi and Mandilakhe Ndabeni, who are also local fishers from Mpume village, went to harvest mussels one evening. Before they could even get in the water, they heard gunshots. “When we were approaching the ocean, I heard gunshots and one hit me and I fell down. I then realised that we were being shot at. When I looked at the back I saw only one ranger. I asked him why are you shooting at me,” said Thobile. This incident left him permanently paralyzed, “The doctor told me that I would never be able to walk again because I was shot in the spinal cord and my arm. I was very hurt when the doctor told me that I would never be able to walk again.”
The powerful testimony left many in tears as Thobile boldly shared his story for the first time publicly. Mandilakhe, who was also there that night, echoed that although their lives were on the line, they lost a part of themselves and said “It is really difficult for us because we died inside that day. What is most painful is that the land in Dwesa, as you hear that my surname is Ndabeni, that’s my grandfather’s surname and he is buried in that nature reserve.”
The gaps in the recognition and protection of customary rights, and the erosion of culture was highlighted during the tribunal and a call for collaborative efforts among government agencies, traditional authorities and community representatives to align policies with the socio-cultural realities and needs of the affected populations.