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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

Three UFS researchers attend cactus pear congress
2017-05-05

Description: Dr de Wit Cactus pear 2 Tags: Dr de Wit Cactus pear 2

Dr Maryna de Wit, one of the
UFS delegation team was appointed
coordinator for Agro-Processing
and Post-Harvest Technology during
the congress

Description: Dr du Toit Cactus Pear 2 Tags: Dr du Toit Cactus Pear 2

Dr Alba du Toit, also one of the members
of the UFS delegation during the
congress at the University of Chile
in Santiago, Chile.
Photos: Supplied





Dr Alba du Toit, a junior lecturer in Consumer Science at the University of the Free State (UFS), presented her research at the recent IX International Congress on Cactus Pear and Cochineal at the University of Chile in Santiago, Chile. The congress was themed, “CAM Crops for a Hotter and Drier World”.

Dr Du Toit, Prof HO de Waal and Dr Maryna de Wit, from the Faculty of Natural and Agricultural Sciences at UFS, attended the five-day conference held between 26 and 30 March 2017.

Congress a platform for networking
The congress, held every three years since 1993, gathers cactus pear researchers, growers and processing managers from Europe, the Americas, Asia and Africa to review current research trends by networking to form new collaborations that could lead to increased efficiency and shared knowledge. They also present new findings and plan for future research.

Great achievements for researchers
Dr Du Toit said: “My research on cactus pears focused on the utilisation of the slimy substance found in the cactus cladodes as a functional ingredient in innovative nutraceutical food products”. Functional foods are foods that promote health or prevent disease through adding or omitting specific ingredients. She also received the International Society of Horticultural Science award for best student oral presentation.

Dr De Wit also presented her research and was appointed coordinator for Agro-Processing and Post-Harvest Technology at the congress.

Dr Herman Fouché, Affiliated Researcher at the Department of Soil-, Crop- and Climate Sciences at UFS, developed “kuilmoes”, a type of silage from pulped cactus pear fruit, mixed with lucerne, in collaboration with Prof de Waal, which was also presented.at the congress.

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