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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

ANC is not a party of the people - Mbeki
2010-08-30

 

 

“The unions in this country do not understand the political economy of South Africa. They think that the ANC is the party of the people. The ANC is the party of the black middle class. The fact that the masses vote for it does not mean they control it. The policies of the ANC favour the black middle class and the established businesses. They do not favour the working class.”

This was said by renowned economic and political commentator Mr Moeletsi Mbeki, brother of former president Thabo Mbeki, during a guest lecture he recently presented to Economics students of the University of the Free State (UFS) in Bloemfontein.

“You just have to look at the types of houses that the ANC government builds for ordinary South Africans,” he said.

“If you had a party that was a pro-working class party it would not have built these so-called RDP houses that are being built by the ANC government. The unions have all along been under the illusion that the ANC is the government of the working class and (Zwelinzima) Vavi and them are now beginning to realise that this is not the case.

“The public-sector workers are in a special dilemma. They think the ANC is their ally but at the same time they feel they are not getting any benefits out of this alliance. Therefore you are beginning to get a very acrimonious environment emerging between the public-sector unions and the government.”

Regarding the current issue of the Protection of Information Bill and the proposed media tribunal that have brought the media and the government onto a collision course, Mbeki said the ANC government was trying to muzzle the media because it wanted to safeguard corruption within government.

“The question of freedom of information is very closely linked to the rise in corruption in the government,” he said.

“What the politicians are doing is that they are trying to hide that corruption. The media in this country have been playing a very critical role in exposing cases of corruption. That is why Vavi now has bodyguards.”

He said he recently met Vavi, the General Secretary of Cosatu, surrounded by four bodyguards. He said Vavi told him that he was getting death threats because he was opposing corruption in government.

Mbeki said the economic policies of South Africa were the “worst in the world” because they benefited people who were already rich and militated against the emergence of entrepreneurs.

“In fact, one of the serious downsides of Black Economic Empowerment (BEE) is that it takes people who should normally be entrepreneurs and who should be creating new companies and new jobs, out of that space and just makes them wealthy. BEE has been a disaster because it created this massive economic inequality; it created this class of idle rich who have tons of money but do nothing,” he added.

He said the under-investment in the economy was having dire consequences in terms of unemployment and poverty. He said this, coupled with the growth of consumption that Black Nationalism was driving, was actually driving down the ability of the economy to absorb labour.

“What really lies at the bottom of our economic problems in South Africa is that we have too much of a one-party dominance of our political system. We need more competition in our political system and until we realise the policies of the ANC are not going to change,” he said.

Mbeki’s guest lecture was on the topic: Architects of Poverty: Why African capitalism needs changing.

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

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