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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

Nadine Gordimer lauds university for transformation
2012-11-09

Nadine Gordimer
Photo: Sonia Small
09 November 2012

Lecture (Pdf format)

Renowned writer and Nobel Prize winner Nadine Gordimer has lauded the university for its efforts at reconciliation, highlighting several initiatives the university has put in place over the last few years.

She delivered the inaugural Reconciliation Lecture on the Bloemfontein Campus, and was introduced as a “champion of human oneness” by Prof. Pumla Gobodo-Madikizela, Senior Research Professor on Trauma, Forgiveness and Reconciliation, who also referred to Gordimer as “the living expression of the power of critical consciousness”.

Gordimer praised the university by saying it was doing things in South Africa differently from what had been done during the country’s shameful past. In a message addressed at students, her lecture touched on topics of race, reconciliation, freedom of expression, education, inequality and poverty.

“Black and white – we have been conditioned; no, brain-washed, by legal and cultural and even religious, demeaning distinctions between race and colour. This university has discarded; is tackling these: an image breaking of false consciousness. We await your generation’s entry to public life, when you come out of the University of the Free State equipped to bring to us, along with your professional degrees, the way to function in a population as the human beings you have learnt to be at this university.”

The Nobel laureate also warned students of threats facing South Africa’s future.

“What is your reaction, then, to the Protection of State Information Act, the Secrecy Act that has been drop on our heads? The Secrecy Act means that we the people are not allowed to know the facts about our own country. Know how our society, our population is manoeuvred by those entrusted and empowered by our votes.”

The inaugural lecture was hosted by the Vice-Chancellor and Rector, prof. Jonathan Jansen, and the Rectorate, with the support of the Institute for Reconciliation and Social Justice and Prof. Gobodo-Madikizela.

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