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Sacred valleys in the Free State

21 September 2023 | Story Motsaathebe Serekoane | Photo supplied

Opinion Article by Motsaathebe Serekoane, Lecturer and BSocSc Programme Director, Department of Anthropology, University of the Free State.

It is our heritage space; it is my private property: the challenge of access to heritage sites on privately owned land.

The Free State's sacred valleys represent not only our heritage space but also private property. This dual nature presents a challenge in terms of gaining access to heritage sites situated on privately owned land.

Following the enactment of the country's constitution in 1996, segregation boundaries were abolished, granting public access to spaces that were once restricted. Evidence indicates an increase in accessibility to spaces that were traditionally exclusive. However, despite the ideals of inclusion and participation enshrined in the Constitution, property ownership practices and the right to restrict access continue to render sacred natural sites inaccessible to pilgrims.

Sacred natural sites hold spiritual significance for people, transcending intrinsic or instrumental value. They are culturally and historically significant for people seeking to reconnect with their ancestors, undergo spiritual cleansing, receive training in spiritual healing and ask for guidance and forgiveness. For the Basotho people, the natural environment is an aspect of material reality through which the sacred is manifested. As such, they have returned to reclaim sacred spaces through spiritual journeys to sites like Mantsopa at Modderpoort, Mautse and Nkokomohi Valley near Rosendal, Motouleng near Clarens, and Witsie’s Cave in Qwaqwa.

Ownership rights and reserved rights vs access rights

The conflict between farm owners and pilgrims began when the former claimed exclusive ownership rights and reserved rights to access, while the latter only sought access rights without contesting ownership. According to Section 27 Subsection 8 of the National Heritage Resources Act, 25 1999 (NHRA), a site of significance can be nominated for declaration by the provincial or national heritage body. All the relevant sites were nominated at various times over the past decade and received provisional protection, but they were never formally declared. As a result, these sites have only enjoyed informal and provisional formal protection. In the case of informal heritage sites like Mautse and Motouleng, the private property owners have the legal right to deny entry to their properties and, consequently, the sacred sites.

Land regulation, particularly the Enlightenment-era separation of culture from nature, and the introduction of private ownership and commodification of nature in what were once ‘traditional’ landscapes, in the African context, have placed many of the sacred sites under a terminal threat over the years. The complexities surrounding the sites persist, as seen in the closure of Mautse in 2016 due to a change in farm ownership. In 2020, Motouleng was also closed, with police forcefully evicting pilgrims on-site at the start of the hard lockdown of the COVID-19 pandemic outbreak. Furthermore, the structures within Motouleng Cave were destroyed by fire.

In recent years, the recognition of consequences for the affected communities and society at large due to the continued loss of sacred places, along with the role and function of pilgrimage to these sites, and related spiritual practices, has been growing. Urgent action from stakeholders at all levels, from international agencies to the local communities, is increasingly advocated to protect this heritage. The closure or denial of access to sacred sites is spreading rapidly. On 4 August 2023, the following access request was made:

“We were asking for access to pray by the cave called Lehaha la Makhakha in Bothaville tomorrow. We spoke to the owner, but he refused to give us access. His reason for refusing is that other people are using candles which may cause fire and damage to the property, but we didn’t use candles even on 1 July 2023 we prayed, and no damages were incurred. The neighbourhood watch can attest to that. We have been using the prayer cave since 2016. We ask permission to pray.”

We need to dialogue

The conflict between the right to ownership and the right to access is a complex challenge, not only from the legal point of view but also considering South Africa’s complicated history and the cultural differences and contestations that exist. To address the past inequalities, the NHRA provides for the expropriation, subject to compensation, of private property ‘for conservation or any other purpose under this Act if that purpose is public or is in the public interest’, as outlined in Section 46(1). This aligns with Sections 25(2) and (3) of the Constitution (1996), which specify various conditions and circumstances to be considered regarding compensation amounts. Subsection (4) defines public interest to include “the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources”. There is no doubt that the sacred sites serve a public interest, aligning effectively with the theory of commons. This has two implications: firstly, sacred natural sites are a kind of commons that cannot be privatized as they cannot have one exclusive owner. Secondly, sacred natural sites need to possess some kind of public property status to be accessible to all potential visitors who may have relational values regarding that site.

What does this mean for promises of the Constitution and the National Heritage Resources Act? While we are enjoying a braai, let us also remember we need to dialogue on matters that continue to undermine the realisation of the idealism of heritage as cultural capital. This can help South Africa define its cultural identity, build the nation, affirm our diverse cultures, facilitate healing and material and symbolic restitution, and in doing so, shape our national character.

News Archive

Outstanding alumni celebrated at the Chancellor’s Distinguished Alumni Awards

2017-08-28

Description: Outstanding alumni celebrated at the Chancellor’s Distinguished Alumni Awards Tags: Outstanding alumni celebrated at the Chancellor’s Distinguished Alumni Awards

From the left: Former Miss World and UFS Medical student, Rolene Strauss; Rector and Vice-Chancellor,
Prof Francis Petersen; The Chancellor’s Distinguished Alumnus of the Year,
Vian Chinner; and Chancellor of the UFS, Dr Khotso Mokhele. Photo: Charl Devenish

Alumni Awards Photo Gallery

Alumni are the heart and soul of a university, a legacy that lives on for generations, bringing pride to the alma mater. Each year, the University of the Free State (UFS) through the Chancellor’s Distinguished Alumni Awards, celebrates its outstanding alumni, who have stood out among their peers, making waves in their careers, at home and abroad. The UFS Chancellor, Dr Khotso Mokhele, said the university plays a pivotal role in ensuring that students enjoy a life-long relationship with their alma mater. He encouraged the UFS management to create opportunities to engage students during their years of study, in order to create this mutually-beneficial relationship into the future.

The Chancellor’s Distinguished Alumnus of the Year Award, the highest honour accorded to an alumnus, recognises the distinguished national or international achievements of its recipient. The award was presented to Vian Chinner, chief executive officer at Xineoh, a performance marketing company he founded in 2014. The company, based in Bloemfontein, with offices in Cape Town, Oregon in the US, and Vancouver in Canada, specialises in applying mathematical modelling and machine learning to optimise conversion in industries including real estate, mortgage banking and e-commerce. It has generated more than $30 million in revenue for its clients.

The Young Alumnus of the Year Award acknowledges the achievements of alumni who graduated within the past decade and was presented to Leah Molatseli, founder and managing director of Lenoma Legal, who graduated with an LLB at UFS in 2010.

The Cum Laude Award is bestowed upon an alumnus in recognition of excellence in any field, whether vocational or voluntary. The awards in this category were presented to three alumni:

David Abbey, Acquisition and Leveraged Finance Deal Maker at Rand Merchant Bank. David graduated with a BCom Accounting (RU) 2007 and a BCom Hons Accounting (UFS) in 2008.

Johan Eksteen, Agricon Pelleting, graduated with an MSc in Sustainable Agriculture in 1998, and received an MBA in 2005, both at the UFS.

Zola Valashiya, Co-founder and director: Debate Afrika and Schools Projects and Campaigns Manager at Corruption Watch. He graduated with an LLB (UFS) in 2014, and Masters of Public Administration (Central European University, Hungary) in 2016. He is a Mandela Rhodes Scholar (2015) and a Young African Leadership Initiative Mandela Washington Fellow (2017) and is presently featured on the Mail & Guardian list of top 200 young South Africans.

The Executive Management Award: this service award is presented to an individual who has delivered exceptional service to the UFS and is not limited to alumni of the institution, current students and the community at large. The award was presented to Sarina Cronje, Head of Athletics at KovsieSport.

She graduated with a Bachelor of Science (UFS) in 1977 and a Postgraduate Diploma in Higher Education (UFS) in 1983. She is a mother and career woman, whose family carries the same passion and drive for sports that champions are made of.

The Kovsie Ambassador Award is bestowed upon a current student whose achievements have brought him/her distinction, benefited his/her community, and brought credit to the UFS.

Crystal-Donna Roberts graduated with a BA Drama and Theatre Arts (UFS) in 2005. She is an active television, theatre and film actress who has appeared in a multitude of theatre productions in addition to starring in Afrikaans soap opera “7de Laan, Getroud Met Rugby, Montana” and “Vallei van Sluiers” in which she won public favour. She is currently playing the lead role in the internationally acclaimed film, “Krotoa” which has won numerous awards including Best Film at the Harlem International Film Festival in New York. It also won the Award of Excellence at the International Film Festival for Women: Social Issues and Zero Discrimination, and many more.

Franco Smith, Director: Free State Rugby and Assistant Coach: Springboks. He graduated with a BA Human Movement Sciences (UFS) in 1996 and began his career in rugby in 1999 when he was selected for the Free State Under-18 Craven Week team. He became a regular on the Free State Under-20 and the UFS Shimlas teams prior to his Free State Cheetahs debut in 1992. Franco was reappointed backline coach of the Cheetahs and head coach of the Shimlas in 2015. With many accolades to his name an illustrious career in coaching and management over the years, the name Franco Smith should not be foreign to true rugby connoisseurs.

The Rector and Vice-Chancellor, Prof Francis Petersen, congratulated all the award recipients: “I applaud all alumni; you have made the city of Bloemfontein and the whole province proud.” The National Executive Alumni Chairperson, Dr Pieter du Toit, congratulated the award recipients and thanked the leadership of the university as well as the event organisers.

The awards signify the great esteem with which the UFS holds its alumni and the community that helps to drive its vision, cherish its history and pave the way for more outstanding Kovsies of the future.

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