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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

Kovsie students selected for prestigious study travel programme
2013-05-15

 

Golden Key International Honour Society members, Michael van Niekerk, Siobhan Canavan, Mpoi Makhetha and Cebolenkosi Sokhela, will travel to the USA and China, meeting the best in their career fields.
Photo: Hannes Pieterse
15 May 2013


They are amongst the top 15 percent of academic achievers at the university, and have been afforded the opportunity to travel abroad and meet with leading people in their fields of study.

Kovsie students Michael van Niekerk, Siobhan Canavan, Mpoi Makhetha and Cebolenkosi Sokhela, all members of the Golden Key International Honour Society, will travel to the USA and China. This trip is part of the International Scholar Laureate Program (ISLP) to learn how their career fields are practiced in another part of the world. The students are part of a select group of outstanding university students from across the world who will be given access to people, places and global perspectives in fields such as business, engineering, medicine, nursing, diplomacy and international relations.

Michael, a fourth-year MBChB student and SRC member of our Bloemfontein Campus, and Cebolenkosi, a third-year BSc Microbiology student will visit Washington, Philadelphia and New York in the USA. As part of the medicine delegation of the programme, they will visit clinics and hospitals to see how their study fields are practiced. Michael’s trip includes a visit to Johns Hopkins University in Baltimore, where he will meet representatives of the National Institute of Health, the largest source of funding for medical research in the world. He will also visit Harvard University in Massachusetts.

Mpoi, a third-year BSc Human Molecular Biology student, also forms part of the medicine delegation but will travel to China. "We will be exploring the ancient ways of healing versus the modern medical practices, exploring the medical systems of the country and meeting doctors and professors, visiting the rural areas, and of course, touring the best parts of China,” she said.

Siobhan, a third-year Media Studies and Journalism student, is part of the diplomacy and international relations delegation who will visit Beijing, Xi'an and Shanghai in China. "To me it's such an honour to be part of this programme,” she said. “It will give me the platform to not only represent who I am, but also my university and the values that the university has instilled in me. It allows me to be a part of something great that will benefit me in the end."

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