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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

UFS research could light up South African homes
2016-01-21

Reitumetse Maloa, postgraduate student and researcher at the UFS Department of Microbial, Biochemical and Food Biotechnology, is using her research to provide solutions to the energy crises in South Africa.

A young researcher at the university is searching for the solution to South Africa’s energy and electricity problems from a rather unlikely source: cow dung.

“Cow dung could help us power South Africa,” explains Reitumetse Maloa, postgraduate student and researcher at the UFS Department of Microbial, Biochemical and Food Biotechnology.

Reitumetse’s research is trying to understand how the bacteria works that is responsible for producing biogas.

“Biogas can be used for cooking, heating, lighting and powering generators and turbines to make electricity. The remaining liquid effluent can fertilise crops, as it is high in nitrogen, phosphorus and potassium.”

By using cow dung and food waste to produce biogas, we will be able to lower greenhouse gases.

Biogas is produced in a digester - an oxygen-free space in which bacteria break down or digest organic material fed into the system. This process naturally produces biogas, which is mainly a mixture of methane and carbon dioxide.

“Many countries, such as Germany and the United States, have begun generating electricity from cow dung and food waste, through a process known as biogas production. In South Africa, a number of industries, including waste-water treatment facilities and farms, have caught on to this technology, using it to generate heat and to power machines.”

Until recently the world has relied heavily on electricity derived from fossil fuels such as coal, natural gas and oil. Once these fuels have been extracted from underground reservoirs, they are treated or cleaned, transported to power plants and transformed into the electricity that will reach your house. Fossil fuels are considered a ‘dirty’ energy source which gives off greenhouse gases when burned. Those gases are the major contributing factor to climate change.

“We know very little about the interaction of the bacteria inside the biogas digester. To use biogas as a sustainable fuel source, we need to understand and describe the bacteria population and growth dynamics inside the digester to produce biogas optimally. Currently we are testing a variety of feedstock, including bran, maize and molasses, for biogas production potential, as well as optimising the conditions leading to maximum biogas production. We are also exploring the potential to use the effluent as fertiliser on local farms. The ultimate goal is to have biogas systems that will supply our university with clean energy.”


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