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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

Osaka University in Japan joins forces with UFS to discuss SA and Africa
2016-03-23

Description: Yani Karavasilev  Tags: Yani Karavasilev

Yani Karavasilev of Osaka University speaking about political stability and Foreign Direct Investment in the Southern African Development Community on day-2 of the joint conference between Osaka University and the University of the Free State.
Photo: Dr Marina da Silva

Recently, international delegates convened for the annual Osaka University-University of the Free State (UFS) Conference to discuss issues that affect Africa. This high-profile conference was hosted by the UFS Department of Political Studies and Governance from 22-23 February 2016. The event focused its attention on the state of South Africa (SA) as well as conflict resolution on the African continent.

Topics of discussion

Scholars and policymakers proceed to map out the political, economic, social, and educational trajectory of SA and the African continent. Some of the topics of discussion included SA politics, democracy, economy, foreign policy, race, education, and peace. Delegates also looked at foreign direct investment in the Southern African development community and organisations such as the United Nations and the African Union.

Entangled in turmoil

At the conference, Prof Virgil Hawkins of the Osaka School of International Public Policy, (Osaka University) presented a paper entitled: The role of the local media in Burundi’s 2015 coup attempt. In his presentation, Prof Hawkins analysed the impact made by Radio Publique Africaine, Renaissance, Isanganiro, and Bonesharadio stations during the conflict. Had it not been for these private radio stations, the events leading to, during, and after the coup would not have received international coverage.

Prof Hawkins explained that prior to the coup, “key private radio representatives were called to Musaka military camp” by former intelligence chief, Major General Godefroid Niyombare. He informed them about the coup plot and urged them to report on it. The government in turn accused the independent media of colluding with the coup conspirators. As a result, the radio stations were attacked, coerced to go off-air, and subsequently destroyed. Despite overt efforts by the state to suppress the media’s freedom of expression, it did not succeed.

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