A group calling themselves the ‘Aboriginal Nation’ got off on the wrong foot with Western Cape High Court Judge Vincent Saldanha when they told him they did not recognise either the Constitution or the court.

Sabina Clarisse, representing the applicants, asked Saldanha to allow proceedings to be heard in terms of the common law.

A Cape Argus report says in papers, she asked the court to abolish with immediate effect the term Coloured and replace it with ‘aboriginal’ or ‘indigenous’. She also wanted the court to immediately rule that indigenous languages be recognised.

Roseline Nyman appeared on behalf of the Presidency, while Sharma Chetty, from the Office of the State Attorney, represented the National Treasury and SARS.

We, as aboriginals, have been taken out of the Constitution and were not even part of the Codesa dealings. We therefore do not recognise the Constitution,’ Clarisse said.

She added that by virtue of their lineage, aboriginal/indigenous people were akin to shareholders in a trust (the SA Corporation), ‘and therefore, we demand $10m for each and every aboriginal man and woman’.

In reply, the judge said: ‘You come into a court and don’t recognise it, as well as the Constitution of the country. I’m bound by the Constitution and cannot act outside of it.’

The report notes judgment was reserved.

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