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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

Plant scientist, Prof Zakkie Pretorius, contributes to food security with his research
2014-08-26

 
Many plant pathologists spend entire careers trying to outwit microbes, in particular those that cause diseases of economically important plants. In some cases control measures are simple and successful. In others, disease management remains an ongoing battle. 

Prof Zakkie Pretorius, Professor in the Department of Plant Sciences, works on a group of wheat diseases known as rusts. The name is derived from the powdery and brown appearance of these fungi.

Over the course of history wheat rusts have undergone what are notoriously known as boom and bust cycles. During boom periods the disease is controlled by means of heritable resistance in a variety, resulting in good yields. This resistance, though, is more often than not busted by the appearance of new rust strains with novel parasitic abilities. For resistance to remain durable, complex combinations of effective genes and chromosome regions have to be added in a single wheat variety.

In recent years, Prof Pretorius has focused on identifying and characterising resistance sources that have the potential to endure the onslaught of new rust races. His group has made great progress in the control of stripe rust – where several chromosome regions conditioning effective resistance have been identified.

Dr Renée Prins of CenGen and an affiliated UFS staff member, developed molecular markers for these resistance sources. These are now routinely applied in wheat breeding programmes in South Africa. In addition, Prof Pretorius collaborates with several countries to transfer newly discovered stem rust resistance genes to wheat, and in characterising effective sources of resistance in existing wheat collections.

His work is closely supported by research conducted by UFS colleagues, students and other partners on the genetics of the various wheat rust pathogens. These studies aim to answer questions about:
• the origin and relatedness of rust races,
• their highly successful parasitic ability, and
• their adaptation in different environments.

The UFS wheat rust programme adds significantly to the development of resistant varieties and thus more sustainable production of this important crop. 

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