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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

Wayde Van Niekerk makes sprinting history
2016-03-13

He is the world champion in the 400 m, the South African Sports Star for 2015, and now Kovsie student Wayde van Niekerk has achieved something nobody else has done before.

On 12 March 2016, Van Niekerk became the first athlete in history to run the 100 m under 10 seconds, the 200 m under 20 seconds, and the 400 m under 44 seconds. Van Niekerk achieved this feat, which was confirmed by the IAAF, when he ran a personal best in the 100 m at the Free State Championships in his hometown of Bloemfontein.

His time of 9.98 seconds in the 100 m improved his previous best by 0.47 seconds. Van Niekerk ran his previous best back in 2011 and didn’t compete much in this event during the last couple of years.

“We, as the UFS leadership, are enormously proud of this historic achievement of Wayde, who embodies our values of academic commitment and human decency in every way,” said Prof Jonathan Jansen, Vice-Chancellor and Rector of the University of the Free State (UFS).

He was congratulated by many people on social media over the weekend. AB de Villiers, the Proteas' test and one-day cricket captain, was one of a few well-known people who congratulated Van Niekerk on Twitter.
“@WaydeDreamer don’t know the man, but WOW. Take a bow,” De Villiers tweeted.

A humble Van Niekerk thanked De Villiers and wished him good luck for the upcoming T20 World Cup in India.

The 23-year old Van Niekerk said on his Instagram account that it was a childhood dream to run a sub 10, and expressed his thanks to his supporters.  

On 11 March 2016, Van Niekerk won the 200 m at the Free State Championships in 20.97 seconds. His best in this event is 19.94 seconds.

More articles:

Van Niekerk makes sprinting history in Bloemfontein (IAAF)

UFS community proud of Wayde’s hat trick of awards

Wayde nominated with SA’s best

Wayde one of the Adidas faces for Rio 2016

NBC tells Wayde’s story 

Wayde, Karla crowned as KovsieSport’s best

UFS congratulates Wayde van Niekerk and other students for their national and international

Kovsies Wayde van Niekerk wins gold at the IAAF World Championship

 

 

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