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15 January 2019 | Story Charlene Stanley
COURT Case
From the left: Prof Danie Brand, Director of the Free State Centre for Human Rights, with his co-counsel Anna-Marie de Vos SC and their legal opponents Lawrie Wilkin and Uday Kiran Naidoo during the Grootkraal case in the Supreme Court of Appeal in Bloemfontein.

 

What rights do black farming families have on land they obtained during a period when restrictive legislation made it impossible for black people to own land?

This was the legal issue at stake in the matter of Grace Maledu v Itereleng Bakgatla Mineral Resources. In this case, 13 families of the Lesetlheng Village Community in the North-West Province bought a farm a hundred years ago. Apartheid-era legislation prohibited them from owning land, and the land was held in trust for them by the state.

Their descendants were recently threatened with eviction, after a multi-national mining company obtained mining rights on the land.    

Free State Centre for Human Rights Getting Involved

Lawyers for Human Rights in Pretoria instructed Professor Danie Brand, Director of the Free State Centre for Human Rights on the Bloemfontein Campus, to act as co-counsel for the community in the High Court and the Constitutional Court.

The Constitutional Court has now ruled in favour of the Lesetlheng community, upholding their rights to continue farming.  The judgment effectively protects them against the mining company’s attempt to evict them. It also establishes the important principle that a holder of a mining right may not commence with mining on land, unless it has made a reasonable effort in good faith to reach an agreement with the actual people who use and occupy that land.

“This constitutes an important development in our law,” explains Prof Brand. “It establishes that nobody should have absolute control over land and that different rights to and interests in land can overlap without one trumping the other.”

Assisting Farm Workers

The centre also recently  assisted a community of farm workers in the Western Cape who were threatened with eviction from a portion of the Grootkraal Farm where they have conducted church, school, and other community activities for the past 200 years. Prof Brand acted as co-counsel in this case before the Supreme Court of Appeal in Bloemfontein, where judgment was delivered in their favour.

These two cases herald the re-establishment of a legal services division within the Free State Centre for Human Rights, giving effect to their community-engagement mandate.

 

What rights do black farming families have on land they obtained during a period when restrictive legislation made it impossible for black people to own land?

This was the legal issue at stake in the matter of Grace Maledu v Itereleng Bakgatla Mineral Resources. In this case, 13 families of the Lesetlheng Village Community in the North-West Province bought a farm a hundred years ago. Apartheid-era legislation prohibited them from owning land, and the land was held in trust for them by the state.

Their descendants were recently threatened with eviction, after a multi-national mining company obtained mining rights on the land. 
 

Free State Centre for Human Rights Getting Involved

Lawyers for Human Rights in Pretoria instructed Professor Danie Brand, Director of the Free State Centre for Human Rights on the Bloemfontein Campus, to act as co-counsel for the community in the High Court and the Constitutional Court.

The Constitutional Court has now ruled in favour of the Lesetlheng community, upholding their rights to continue farming.  The judgment effectively protects them against the mining company’s attempt to evict them. It also establishes the important principle that a holder of a mining right may not commence with mining on land, unless it has made a reasonable effort in good faith to reach an agreement with the actual people who use and occupy that land.

“This constitutes an important development in our law,” explains Prof Brand. “It establishes that nobody should have absolute control over land and that different rights to and interests in land can overlap without one trumping the other.”

Assisting Farm Workers

The centre also recently  assisted a community of farm workers in the Western Cape who were threatened with eviction from a portion of the Grootkraal Farm where they have conducted church, school, and other community activities for the past 200 years. Prof Brand acted as co-counsel in this case before the Supreme Court of Appeal in Bloemfontein, where judgment was delivered in their favour.

These two cases herald the re-establishment of a legal services division within the Free State Centre for Human Rights, giving effect to their community-engagement mandate.

News Archive

Scaena Theatre: Boom! (Afrikaans) 7-9 May
2009-05-08

Produksie: Boom!
Regie: Adriaan Meyer
Teks: Nataniël
Kostuums: Errol Arendz
Stelontwerp: Strijdom van der Merwe
Datum: 7-9 Mei
Venue: Scaena-teater
Kaartjie-pryse: R65 & R95
Besprekings: Computicket

BLOEMFONTEIN: Nataniël-aanhangers wat nog nie Boom! gesien het nie, moet gou spring vir kaartjies. Die produksie is gedurende Mei-maand moontlik vir die laaste keer in Bloemfontein te sien.

Boom! is deur Nataniël geskryf. Al die 2008-vertonings van die stuk op Aardklop en die Volksbladfees is al uitverkoop. Ekstra vertonings moes gereël word. Die produksie was ook op ander feeste, soos die Woordfees op Stellenbosch te sien. Die eenvrou-tragikomedie is `n vertoonstuk vir die vaardige spel van met Hilletje Möller.

Hilletje Moller verwerf in 2005 haar B.A Drama en Teaterkuns aan die Universiteit van die Vrystaat, waar sy Universiteits erekleure vir teaterkuns verwerf. Hilletjie maak haar professionele debuut, tydens haar vertolking van die hoofrol in Skerp-sin (oorspronklike teks deur Pulitzer pryswenner Margaret Edson). Verder was sy al op die verhoog te sien in produksies soos “Die Huweliksaansoek" , “Nag van Legio", “Bloedbruilof", “Weer" en “Bewys" wat in 2008 Beste Debuut Produksie by die Volksblad Kunstefees aangewys is. Hilletje is in 2008 gekeur om haar studies aan die Lee Strasberg drama instituut in New York voort te sit.

Op 7-9 Mei om 19:30 is BOOM! In die Scaena-teater op die UV-kampus te sien. `n Middagvertoning om 14:30 is ook op Saterdag gereël. Kaartjies is beskikbaar teen R65. Teen slegs R95 per persoon is 20 sitplekke per vertoning beskikbaar op die leerbanke en sluit sjerrie in.

Besprekings is deur Computicket (Mimosa Mall en Checkers).
 

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