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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

An incident-free recess for the UFS
2010-07-19

The improved security measures at the University of the Free State (UFS) have resulted in an incident-free recess on the Main Campus in Bloemfontein during the 2010 FIFA World Cup and the annual Volksblad Arts Festival.

The UFS provided accommodation for international spectators visiting the country for the World Cup and recently also hosted the hugely popular Volksblad Arts Festival without any security glitches.

These successes could be attributed to the hard work of staff members from various divisions at the UFS to ensure that the security was improved.

“The main question we had to deal with was: should our Main Campus be fenced off? This matter had been under discussion for quite some time. In order to ensure the feasibility thereof, a second impact study was done by a consulting engineer,” said Prof. Niel Viljoen, Vice-Rector: Operations at the UFS.

“This study has shown that, given the nature of activities on the campus and the access configuration, it would be difficult, if not impossible, to effectively control access to the campus, especially as far as visitors were concerned. Any type of access control measure would result in delays at the gates, which could have a major impact on the traffic flow, delays, costs and emissions.”

“It is important that our staff and students feel safe on the Main Campus, whether they are walking on campus or working in their offices. In that way we can ensure an environment that is conducive to staff and students to work and study,” he said.

Various measures are being implemented to make the campuses safer. These include, among others:

  • The installation of alarms in buildings on the Main Campus. The project for the South Campus has been completed and the installation of a new alarm system on the Qwaqwa Campus will start soon.

     
  • Staff and students will be required to wear identification cards once the new identification system has been put in place. These cards will allow access to all buildings.

     
  • Fences around the Main Campus are being repaired and the areas around these fences are being cleaned. This project should be completed by August 2010.

     
  • Lights will be installed in badly lit areas on the Main Campus. The first phase of this project includes the area between the Mooimeisiesfontein, Welwitschia and Vergeet-my-nie residences. This project will also be completed by August 2010.

     
  • The walkways on the Main Campus will be patrolled more frequently and effectively.

     
  • Contracted security workers will be utilised more effectively.

     
  • The monitoring of security cameras on the Main Campus on a 24/7 basis. “For this purpose the security room of our Protection Services is in the process of being upgraded,” said Prof. Viljoen.

The possibility of placing security cameras and panic buttons in parking areas and walkways is investigated.

Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za  
16 July 2010

 

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