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21 September 2023 | Story Motsaathebe Serekoane | Photo supplied
Motsaathebe Serekoane
Motsaathebe Serekoane is a Lecturer and BSocSc Programme Director, Department of Anthropology, UFS.

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

Prof Frederick Fourie to step down as UFS rector
2008-09-08

“It is with sadness that I hereby announce my intention to step down as rector and vice-chancellor of the University of the Free State (UFS) in the 4th quarter of this year.

Obviously this decision has not been taken lightly. After careful consideration I am, however, convinced that this is as far as I can take the UFS as vice-chancellor and rector. This flows primarily from the exhausting times that I have experienced during the past nine years, first as vice-rector (since 1999) and then as rector (since 2003), in managing and implementing several complex strategic projects.

The challenges and complexities of continuous change management at a higher education institution, and specifically the demands of further dynamic development and transformation at the UFS, demand enormous amounts of emotional energy and drive. For me the stress due to, especially, the political divisions and tensions in the UFS Council and the broader university community during the past year has been extremely draining. The broader institution and its people also show signs of trauma.

I think it is time for new and fresh leadership, especially in the light of the transformation challenges of the UFS.

I have thus decided to step down in the interest of transformation and the further dynamic development of the UFS.

Having been on sabbatical leave since May, I will not return to take up my post. I will remain on leave until my official date of retirement from office. (The exact date must still be determined.)

I am grateful for the opportunity to have been at the helm of the UFS and to help the institution cross several bridges. During the past nine years I have been privileged to lead large strategic projects together with many dedicated and talented UFS colleagues. It has been a wonderful experience of thinking and working together in order to elevate the functioning of the University to new levels in several key areas.

One of the most important projects was the financial turnaround strategy of 2000-2005, which took the UFS from a financial crisis to a situation where currently it annually has almost R100 million of discretionary funding available to spend on strategic projects, and where staff remuneration and promotion opportunities have increased dramatically since 2000. In this period the UFS has also grown from approximately 10 000 students to more than 27 000 in 2008.

A second was the strategy to invest strongly in the academic core and notably research, research capacity and research apparatus. Since 2003 research outputs have increased by approximately 50% - a significant accomplishment of our researchers and faculties. In conjunction with this, the launch of the six strategic academic clusters (focus areas) should create the basis for the continued growth in the national and international stature of the UFS in future. The development of the national leadership role of the UFS with regard to community service also was a special and successful project.

A third large strategic project was the progress with regard to diversity, the balanced multilingualism policy in the academe as well as the administration, the employment equity plan, the UFS transformation plan and especially the institutional charter – which could lay the foundation for a university where one and all can experience a true sense of belonging amidst diversity. These have been important steps that we can feel proud of (although much work obviously remains with regard to non-racialism and also non-sexism).

As far as residences are concerned, it was historically significant that this time, in contrast to 1997/8, the UFS succeeded in crossing the bridge of diversity and integration in residences – with due regard to the difficulties we faced. Hopefully this will considerably ease the task of my successor and her/his management team in managing diversity and in pursuing best practice transformation.

A fourth large project was the large-scale upgrading and development of infrastructure, academic buildings and facilities as well as support service facilities, student facilities and pedestrian walkways. The objective was a campus of the highest quality and aesthetics to effect a lasting improvement in their work- and living environment for staff and students. Indeed, the UFS Main Campus today is seen as an example of sensitive and high quality campus planning.

Other initiatives which haven’t borne fruit yet are, for example, those with regard to entrepreneurial activities, sport development and sport business development, and the possible establishment of an engineering programme or faculty at the UFS.

On the whole the most important thing for me has been the progress in establishing a deep commitment to quality and equity/fairness and in boosting the national and international profile of the UFS as a high quality progressive university. Of course, justice, equity and quality intrinsically are challenges which require daily dedication to make it an ingrained habit.

I wish to thank all those people with whom I could work during the past years in tackling large and complex challenges with mutual loyalty, shared wisdom and effort – from the Financial Turnaround Team to the Exco, the Executive Management, the Faculties, the Senate, support service divisions, the University Council and several committees and task teams”.

Frederick C.v.N. Fourie
Rector and Vice-Chancellor
University of the Free State

Prof Frederick Fourie has been with the UFS since 1976. After obtaining a PhD in Economics from Harvard he was appointed professor at the age of 29 in 1982, head of the Department of Economics in 1992, Distinguished Professor in 1998, Dean of the Faculty of Economic and Management Sciences in 1997, Vice-rector: Academic in 1999 and vice-chancellor in 2003.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
8 September 2008
 

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