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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

Agriculture must adapt to change
2008-11-28

 

At the launch of "50 years of agriculture" at the UFS were, from the left: Mr Corwyn Botha: Chairman: Agri Business Chamber and Managing Director: Cape Agri Group, Mr Motsepe Matlala, President of NAFU, Mr Hans van der Merwe, Executive Head: Agri SA, Prof. Herman van Schalkwyk: Dean: Faculty of Natural and Agricultural Sciences at the UFS, and Mr Sugar Ramakarane, Head: Department of Agriculture, Free State Province.
Photo: Lacea Loader

 “The biggest factor driving agriculture today is change. Our major challenge is to adapt to this changing environment.” This was stated by Prof. Herman van Schalkwyk, Dean of the Faculty of Natural and Agricultural Sciences at the University of the Free State (UFS) during the recent celebration of the faculty’s “50 years in agriculture”.

Prof. Van Schalkwyk stated that the most important changes include power relationships in supply chains, consumer demand, new products and technology in agriculture, government action and developments in neighbouring states. “At the moment there is very little cooperation between small-scale farmers, small-scale farmers and commercial farmers and farmers and processors. There are also low levels of processing, low levels of value adding and a lack of creative thinking in agriculture," he said.

“This must change – we need comprehensive agricultural support and new business ideas in agriculture. We need better infrastructure, value chain financing and improved institutional support,” he said.

Speaking about agriculture and institutional co-operation in the Free State, Mr Sugar Ramakarane, Chief Director of the Free State Department of Agriculture, said that the UFS plays a vital role in bringing together organised agriculture in the province. “The responsibility of transforming our economy cannot be done by government alone. We need partners like the UFS to assist us with bringing together the two most important stakeholders of the agricultural sector, namely the National Farmers’ Union (NAFU) and Free State Agriculture. You can assist us with harnessing co-operation and providing practical solutions," he said

Mr Ramakarane said that his department is aware of the university’s good work with emerging farmers. “But, I want to encourage the university to help us with skills transfer and the development of the emerging farmers. You can play a vital role in developing a mentorship programme. Yours remains a central and critical role of being torch bearers in guiding the transformation agenda of our country," he said.

In his contribution on the challenges of small scale farmers in South Africa and the role of the university, Mr Motsepe Matlala, President of NAFU, said that unity in organised agriculture and working together with other stakeholders has become even more crucial with regard to the global challenges now faced by the country. “The university should take the lead in guiding all farmers on how to respond to, among others, the global financial turmoil and politics, developments in trade negotiations, food prices, input costs and the availability of energy," he said.

“If the UFS, and more specifically the Faculty of Natural and Agricultural Sciences, is to continue to play a leading role in academia as well as in the production of research that matters to the growth and development of this country, it must adopt an approach that seeks to harness the capacity of everyone in an inclusive manner. The strides already made in this regard must be applauded,” Mr Matlala said.

Speaking on the future challenges in agriculture and the role of universities, Mr Hans van der Merwe, Executive Head of Agri SA said that South Africa has not spent money on agricultural development in a long time. “We must increase our product capacity in the agricultural sector. Universities must focus on cultivating enough expertise and the skills necessary to manage the resources and capacity needed," he said. In his view, South Africa must also focus on technological advancement in agriculture as this has also been neglected in the past. He urged universities to provide best-practice education and to look at international trends in agricultural training. “That is why we should not only focus our attention on South Africa, but on southern Africa,” Mr van der Merwe said.

In conclusion to the day’s programme, Mr Corwyn Botha, Chairperson of the Agricultural Business Chamber, Managing Director of the Cape Agri Group and former Kovsie stated that: “If you want to be an example of leadership, people around you must do better because you are there. A university should evaluate itself in this context. You cannot create solutions to problems with the same attitude in which the problems were created."

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  
28 November 2008
 

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