ABSTRACT

This article analyses the protection of indigenous knowledge (IK) in South Africa,

exploring if and how the rights of indigenous peoples are insulated from pillage

by existing policy and protocol frameworks in cultural heritage institutions. The

article examines how policy and protocol in these institutions, the socio-economic

realities within indigenous communities and legislative bottlenecks bear on

the digitisation enterprise in the country. The study used the Delphi method to

collect and analyse data. The major finding of the study was that, in an attempt

to safeguard indigenous intellectual and cultural rights, some cultural heritage

institutions are seeking to bridge the gap between Western legal requirements

and indigenous intellectual rights by the inclusion of specific policy measures

which take on board indigenous interests and concerns. The major themes that

emerged from the study have cultural, legislative and structural underpinnings.

These themes outline the fundamental characteristics of the policies and

protocols of digitisation initiatives in the country. T he study recommends that

heritage institutions in South Africa should recognise their influence as sociocultural

agents and actively submit ‘decolonising’ recommendations for statutory

development. It also urges these institutions to continue building consultation

networks with various indigenous stakeholders in order to improve best practice.