The name Louis Trichardt was shoved down the throats of the majority of people living there and they were entitled to change it to one with historical significance to them, the Pretoria High Court heard on Friday.
Sam Maritz SC, appearing for Arts and Culture Minister Pallo Jordan and the Geographical Names Council, argued that there were no legal grounds on which the court could set aside a decision to change the town’s name to Makhado.
The Louis Trichardt Chairperson’s Association, which represents thousands of the town’s inhabitants and businesses, applied to the High Court to set aside the Council and Minister’s decision to change the name.
It claimed that proper procedure had not been followed, that there had been no consultation with the majority of the area’s people and that the minister had not applied his mind to the matter.
The decision caused an outcry amongst thousands of Louis Trichardt inhabitants, including the Soutpansberg Chamber of Commerce and the Hlangani Concerned Citizens Group.
Denny du Preez, for the applicants, said less than one percent of the area’s inhabitants were consulted.
He argued that Louis Trichardt was a pre-colonial name which had not replaced any other name and that Louis Trichardt was never an oppressor.
Maritz, on the other hand, argued that it did not matter if Louis Trichardt was an oppressor or not. He gave the court a history lesson on the background of the Venda people and the historical importance of Chief Makhado to the Venda people.
”We have people that were suppressed and oppressed for thousands of years. A name was shoved down their throats by a white minority. They don’t identify with Louis Trichardt, who only lived there for a few years.
”The majority of people said they’ve had enough and want to change to a name that has particular historical value to the majority of people who stay in the area,” he said.
Maritz argued there was no law which required the minister, names council or municipal council to consult anyone about a town’s name change.
”The Act (concerning name changes) doesn’t require the minister to consult. He does not have to consult with anyone and does not concern himself with the process.”
He stressed that the municipality had passed a resolution about the name change with a majority vote and had to some extent consulted, even though there was no legal requirement to do so.
”They (the municipal councillors) are democratically elected representatives and speak for the community. If the community does not like what they’re doing, they can throw them out during the next election.
”The applicant has not attacked the validity of the municipal council’s decision. It is not for the Names Council or the Minister to question what the municipality has done,” he added.
Judgement was reserved. – Sapa