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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

Inaugural lecture: Prof André Pelser
2004-06-04

Tendencies and changes in the South African population structure in future decades.

Within the next five years South Africa will for the first time in the past century enter a period where the death rate will exceed the birth rate, largely due to the impact of HIV / AIDS.

According to sociologist Prof André Pelser, sociologist at the of the University of the Free State’s (UFS) Department of Sociology, the death rate exceeding the birthrate is only one of three demographic trends which will fundamentally change South Africa’s population structure in the following decades.

He was speaking at the UFS in Bloemfontein during his inaugural lecture as professor this week.

Prof Pelser said that according to some models the South African population will decrease within the next five decades by between 10 and 26 percent.

A second important trend which will impact on the population structure is the progressive ageing of the population.

He said the group above 65 years is the only age category in the South African population which will witness sharp increases in the next few decades.

In the next 50 years, the group younger than 15 years will reflect a decrease of 39% and those older than 65 years in South Africa will increase by approximately 110% in the next two decades.

“The systematic “greying” of the South African population will create the same economic and welfare issues as those with which governments in some more developed countries are already grappling,” said Prof Pelser.

A third trend affecting the South African population structure is the constant decrease in life expectancy.

Life expectancy at birth for the total population is projected to decrease from approximately 62 years at the beginning of the 1990’s to 43 years in 2015-2020, with sharp differences between the various population groups.

These tendencies and changes to the South African population structure have serious implications, he said.

For example, he said, the reduction in life expectancy could compromise national development objectives.

“It is estimated that more than a quarter of the economically active population will be infected with HIV by 2006,” said Prof Pelser.

The increase in the population, in age category 65, will place a financial burden on government and the economically active sector.

“Especially worrying is the fact that ever-increasing proportions of the state budget will be allocated to health and welfare services and this at the expense of other priorities like education, infrastructure, criminal justice system and trade and industry, to name but a few,” he said

“A comprehensive and integrated strategy is thus vitally important in addressing the overarching issues caused by changes in the population structure,” said Prof Pelser.

 

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