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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

Lecture by Judge Albie Sachs: ‘Sites of memory, sites of conscience’
2015-03-23

Judge Albie Sachs

Human rights activist and former Constitutional Court Judge, Albie Sachs, will deliver a public lecture on the Bloemfontein Campus. The topic of his discussion will be ‘Sites of memory, sites of conscience’. This lecture will form part of a series that focuses on how the creative arts represent trauma and memory – and how these representations may ultimately pave the way to healing historical wounds.

The details of the event are:
Date: Thursday 26 March 2015
Time: 12:30
Venue: Albert Wessels Auditorium, Bloemfontein Campus
RSVP: Jo-Anne Naidoo at Naidooja@ufs.ac.za
A South African Sign Language interpreter will be present at the event.

Joining Judge Sachs on stage as respondent will be Dr Buhle Zuma, a young scholar and lecturer at the University of Cape Town's Psychology Department.

Expressing experiences of trauma
Judge Sachs is no stranger to the use of the arts as a way of expressing the inarticulable and overwhelming experiences of trauma. Targeted as an anti-apartheid freedom fighter, he lost his right arm and was blinded in one eye in a car bomb attack in 1988. As a judge of the Constitutional Court, he spearheaded conversations about the role of the arts in our constitutional democracy. This has led to the installation of some of the best artworks by South African artists at the Constitutional Court.

Vice-Chancellor’s Lecture Series on Trauma, Memory, and Representations of the Past
This lecture will launch of the Vice Chancellor’s Lecture Series on Trauma, Memory and Representations of the Past. It forms part of a five-year research project led by Prof Pumla Gobodo-Madikizela, funded by the Mellon Foundation. The event is hosted by the UFS Trauma, Forgiveness and Reconciliation Studies.

“One of the most remarkable aspects of trauma,” Prof Gobodo-Madikizela says, “is the loss of language, a moment of rupture that produces what some scholars have referred to as ‘speechless terror’. The arts, in all its forms – literary, performance, and visual – are a viable mechanism through which the unspeakable, traumatic past may be represented.”

These artistic forms of representing trauma are at the heart of this Vice-Chancellor’s Lecture Series. “We are interested not only in how experiences that transcend language are represented through the arts,” Prof Gobodo-Madikizela explains, “but also in probing the limits of trauma theory, and how the creative arts might be employed to bear witness in a way that may open up the possibility of healing.”

Dr Buhle Zuma
Former Mandela Rhodes scholar and one of the 2011 Mail & Guardian’s 200 Young South Africans, Dr Zuma is particularly interested in issues at the heart of our rainbow nation. His current research revolves around the question of freedom: what it means to be human for black people after centuries of dehumanisation, and the role of desire and fantasy in the political imagination of post-apartheid South Africa.

 

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