Today marks two months since the Democratic Alliance (DA), on behalf of interested residents, submitted over 38, 000 Eastern Cape name change objections to Gayton McKenzie, Minister of Sport, Arts and Culture.
Other than an acknowledgement of receipt, there has been no further communication from the Minister’s office.
The objections submitted were in response to the gazetting of the name changes for Graaff-Reinet, Adendorp, Aberdeen, Barkly East and East London. In terms of the South African Geographical Names Council Act, those opposed to the name changes had 30 days in which to submit objections to the Minister.
This is a material fact that was omitted from the Gazette. This error of omission rendered the Gazette unlawful and unconstitutional, in our opinion, but the Minister does not appear to be concerned with such trifling issues, such as legal documents and public participation.
While the Act does require that the Minister respond to each objection with his decision, as well as the reason therefore, it does not prescribe the period in which this is required to be done.
However, according to the Promotion of Access to Justice Act, anyone who is adversely affected by an administrative decision should receive a response within 90 days, failing which it is presumed that the decision was taken without good reason. This could result in the decision being overturned.
I have written to Minister McKenzie requesting that he review the decision, provide clear timelines, and communicate the outcome to the 38,544 people who objected. He must account for his decision or reconsider it. Residents of these five areas should not be left in limbo indefinitely while he ignores his legal obligations.
This process has divided communities and changed our focus from creating unity, jobs and economic growth. The DA is calling on the government to change lives, not names.