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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

UFS appoints Dr Khotso Mokhele as Chancellor
2010-06-04

Dr Khotso Mokhele as Chancellor, University of the Free State
  Dr Khotso Mokhele
The Council of the University of the Free State (UFS) appointed Dr Khotso Mokhele as Chancellor during its quarterly meeting held on the Main Campus in Bloemfontein today.

“It is an honour for the Council to appoint someone of this stature as Chancellor of the UFS. With his solid academic background and high profile in the business world, Dr Mokhele is a great asset to the UFS,” said Judge Ian van der Merwe, Chairperson of the UFS Council.

Dr Mokhele is a graduate of the University of Fort Hare and did his postgraduate studies at the University of California in the USA. He is also a graduate of the Graduate School of Business at Stanford University in the USA. Dr Mokhele has eight honorary doctorate degrees from South African tertiary institutions – among others the UFS – as well as an honorary doctorate degree from Rutgers University in the USA. He holds post doctoral fellowships from the Johns Hopkins University School of Medicine and the University of Pennsylvania’s School of Medicine, both in the USA.

Dr Mokhele was founder president and chief executive officer of the National Research Foundation (NRF), as well as founder president of the Academy of Science of South Africa (ASSAf).

He holds non-executive positions on the boards of several national companies, among others as the Chairman of Impala Platinum Holdings Ltd, non-executive chairman of Adcock Ingram Holdings Ltd and non-executive director of both African Oxygen Ltd and Tiger Brands Ltd.

He is currently Chairperson of the selection committee of the Rhodes Scholarships for Botswana, Malawi, Namibia, Lesotho and Swaziland, member of the Committee on Developing and Transition Economy Countries of the International Social Sciences Council (ISSC) and member of the Review Committee assessing VW Foundation research funding in Sub-Saharan Africa and the former Soviet Central Asian/Caucasus Republics.

Dr Mokhele received the Lifetime Achievement Technology Top 100 award in 2009 for his vision and major contribution in securing the Southern African Large Telescope (SALT), constructed outside Sutherland in the Northern Cape.

Dr Mokhele’s succeeds Dr Franklin Sonn, who retired as Chancellor of the UFS at the end of 2009.

Media Release
Issued by: Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl@ufs.ac.za  
4 June 2010

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