In Thohoyandou, Limpopo, South Africa, a High Court judge decided on a court application which was served on members of the Venda royal family, chiefs, the Minister of Rural Development and various government departments to halt the defilement of a sacred waterfall. The complainants are members of Dzomo la Mupo (voice of the Earth) – elders and custodians of Venda sacred sites – plus members of the Ramunangi clan in whose area the Phiphidi Falls are situated.

The elders petitioned the court to halt construction of eight tourist chalets, a restaurant, bar and laundry at the head of the falls which, they say, are degrading the sacred site, fouling the river and angering the spirits. The construction is being undertaken by an organisation connected to the Tshivhase royal family.

For several years polite pleading and petitioning by the Ramunangi custodians has been ignored and, as a last resort, they have taken legal action. In this deeply traditional society it has taken considerable courage to go up against chiefs and royalty upon whom people rely for protection and access to land, and the custodians are at pains to point out that they hold no personal animosity towards the king or his chiefs.
The court’s decision today will halt the development for 20 days whilst a full case is prepared. After an onsite visit of Phiphidi Sacred Site this morning and seeing the destruction for himself, the Judge recognised how the Sacred Site was like a sacred church for the custodians and held that the Sacred Site must not be disturbed. If successful this case will set an important precedent in asserting cultural and custodianship rights and responsibilities for a network of Sacred Sites in Venda and elsewhere in South Africa and throughout Africa. Alternatively should the development then be given the go ahead by the court, it could have far-reaching political and ecological implications.
Central to the network of sacred sites across the Soutpansberg – the Venda heartland – is a forest from which 24 streams flow, providing water for the area’s fertile farms and smallholdings. The forest, together with Lake Fundudzi and various pools, groves and waterfalls are biodiversity hotspots which Venda makhadzi, female mediums, have always conserved. Without them, they say, rain will not fall and the land will become sick and die.
‘People turn on a tap and drink,’ said Joyce Netshidzivhe, ‘but they don’t think where the water comes from. Without the sacred sites they’d go thirsty.’
As the sacred sites are interconnected, the destruction of one will open up destruction of all sacred sites in the region.
Don Pinnock from Southern Write pointed out just before the hearing, “If the building is halted, as the Dzomo la Mupo hope, it will be a victory for traditional understandings and customs. If it fails, the way could be cleared to turn sacred sites into secular tourist attractions or simply destroyed. It also raises questions about the difference between political and custodial rights, in whose name chiefs govern, the conservation of biodiversity and whether tradition can be preserved in the face of development for gain”.
The Phiphidi development was sanctioned by a local chief, Jerry Tshivhase, and is being undertaken by the Tshivhase Development Foundation Trust, of which the BEE billionaire Mashudu Tshivhase is a director. Both men are related to one of the most respected Venda kings, Kennedy Tshivhase, a guardian of his people and their traditions, who claims to know nothing about the problem.
When a road was built through the forest a few hundred metres above the falls in 2007, the Ramunangi and Dzomo la Mupo petitioned the local chief and the government through their lawyer, Roger Chennels, but got no response. The falls were later fenced off and the indigenous custodians were told they had no right to enter ‘a construction area’.
Chennels discovered that the environmental impact assessment which sanctioned the tourist development was out of date and building was therefore illegal. Requests for the name of the contractor were rebuffed. Dzomo la Mupo then extended their petitioning to the various government departments and the Commission for the Promotion and Protection of Cultural, Religious and Linguistic Minorities.
The departments failed to respond. A sharp letter to Chennels from the King’s attorney, Anton Ramaano, demanded to know whether his client was a chief or headman, who allocated the ‘alleged’ sacred site of Phiphidi to him and did he have documentary proof. Was he aware, asked Ramaano, that the area fell within the jurisdiction of – and its people were subjects of – the king and that the Tshivhase Traditional Council was the owner?
After a meeting of Dzomo la Mupo clans last week, delegates bussed to Phiphidi and stood in silent protest at the gate blocking their access to the falls. ‘If a powerful lawyer can’t prevent the destruction of sacred sites,’ said Chief Nevhutanda of Vhutanda Forest, ‘then the next step may be that people must fight and if necessary shed blood as they did to end apartheid.’
The Dzomo la Mupo and Ramunangi replied that they were faithful subjects of His Royal Highness but that Phiphidi was not just an ‘alleged’ sacred site: It had ‘been under the custodianship of the Ramunangi since before recorded time.’

When no other official response was forthcoming, the Dzomo la Mupo brought an urgent interdict to the Limpopo High Court to stop all development at Phiphidi pending the restoration of their traditional rights. Respondents include the Tshivhase Development Foundation Trust, the Tshivhase Traditional Council, Chief Jerry Tshivhase , the departments of Economic Development and Environment and Tourism, the Minister of Rural Development and the Thulamela Municipality.

Upon the announcement today that further development and destruction of the sacred site will be halted for 20 days, Roger Chennels commented that “Over 80 colourfully dressed members of Dzomo la Mupo and the Ramunangi, all proudly wearing traditional dress and their Dzomo la Mupo badges, attended a packed court. For now we celebrate this temporary win, but this is just the beginning.”

For further information or to arrange an interview with a member of the Ramnunagi clan, or Roger Chennels, the lawyer leading this case, please contact Rowan Phillimore on 0207 428 0054 or email [email][email protected]

Extracts from Statements of Support from international organisations:

The Gaia Foundation, London
We are very concerned about the destruction of one of the last and most important Sacred Sites in Venda and the violation of the fundamental rights and responsibilities of Sacred Sites custodians in the name of ‘development’ and ‘progress’. The failure of the Government, local authorities and traditional leaders to protect South Africa’s ecological and cultural heritage must be held to account.
Sacred sites are critical places for biodiversity, maintaining the resilience of ecosystems, living cultural heritage, spirituality and as sources of community governance in relation to Nature and each other. The protection of Phiphidi and the related network of Sacred Sites is essential for maintaining the health and viability of this region, especially now in the context of climate change.

Ian Mason, School of Economic Science, London
There can be no doubt that violation of these sacred places is equally violation of the people who hold them central to their lives and culture and that their relationship with such places is much deeper than one of mere ownership. Indeed, the very concept of private ownership of land, especially sacred places such as Phipidi, is alien to such peoples as it is to many peoples and cultures around the world.

The Institute for Culture & Ecology (ICE), Kenya
The greatest contribution of Sacred Sites is in their naturalness and practice of community rituals. We therefore call upon the South African Government, through the Government of Limpopo Province, and Traditional Authorities in Venda to take action and stop the ongoing destruction of Phiphidi Sacred Site and all Sacred Sites in the region. We request the Government of Limpopo Province to support the ongoing conservation efforts by the Custodians of Sacred Sites in the region to save the local Sacred Sites for future generations. We also call upon tourists to respect the wishes of the Custodians of the Sacred Sites to maintain the Sacred Sites in their natural state.

MELCA Mahiber, Ethiopia
MELCA Mahiber, on behalf of the elders we work with in Ethiopia, is in absolute solidarity with the Ramunangi custodians of Phiphidi waterfall and the Custodians of the Sacred Sites in Venda, Dzomo la Mupo, asserting their rights and ancestral responsibilities to protect their network of Sacred Sites.
We are shocked by the disrespect that those who are destroying the Phiphidi waterfall and other sacred sites are showing to the Sacred Sites and their custodians in Venda and by the failure of government, local authorities and traditional leaders to stop this. It is with profound anger and discontent that we condemn any development activities that have not sought the consent of the local communities and which destroys the ecosystem that the culture of the local communities depend on. We therefore would like to express our solidarity with the custodians of the Venda Sacred Sites and call for the immediate cessation of the destruction of their Sacred Sites.

Natural Justice, Lawyers for communities and the Environment, Cape Town, South Africa
Natural Justice strongly urges the South African government, local authorities and traditional leaders to comply with their obligations as per national and international law and require the ceasing and desisting of any excavation or building activities in the Venda Sacred Sites until full and effective consultations are held with the members of the Dzomo la Mupo and not commence any actions without their free and prior informed consent.

PORINI Association, Kenya
PORINI Association, Kenya, stands in solidarity with the Ramunangi custodians of Phiphidi waterfall and Dzomo la Mupo - the Sacred Site Committee of custodians of the interconnected network of Sacred Sites in Venda. We call on the South African Government, local authorities and traditional leaders to uphold their legal and traditional duties to protect Sacred Sites and rights and responsibilities of their custodians.

The Sacred Land Film Project, Berkeley, California
We are greatly troubled by the present developments at Phiphidi falls — of the blatant destruction of this Sacred Ssite in the name of tourism development, and of the apparent failure of the South African government, relevant authorities and traditional leaders to respect the Ramunangi's role and responsibility to their ancestors, as traditional stewards and guardians of a place of great cultural significance. Through our experience documenting Sacred Site protection around the world, we have seen that there are ways to responsibly develop tourism infrastructure without compromising the integrity and sanctity of traditional sacred sites.