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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

A huge student turnout for NBT
2010-02-24

Ms Babongile Bomela (seated, left) and Mr Riekie Vickers (seated, right) with some of the first-year students who wrote the NBT's. They both acted as invigilators for the tests.
Photo: Mangaliso Radebe


More than 5 000 first-year students at the University of the Free State (UFS) recently wrote the National Benchmark Tests (NBT).

These tests are used to complement first-year students’ Grade 12 results and provide a profile of student competencies that the university can use to improve the quality of teaching and learning to enhance student success.

This was the first time that the UFS had made use of the NBTs, which were thoroughly piloted at several South African universities during 2009.

“A total of 5 449 students from the Main, South and Qwaqwa Campuses participated in this very ambitious testing process,” said Ms Merridy Wilson-Strydom from the Centre for Higher Education Studies and Development (CHESD) at the UFS.

“Altogether 7 687 test papers were completed. This is an excellent turn-out and highlights our students’ commitment to their studies.”

It was compulsory for all students (excluding those from the Faculty of Health Sciences) to write the Academic and Quantitative Literacy Test (AQL). Students from the Faculties of Economic and Management Sciences as well as Natural and Agricultural Sciences also wrote the Mathematics Tests.

“AQL targets students’ capacity to engage successfully with the demands of academic study in the medium of instruction, and the ability to manage situations or solve problems in a real context that is relevant to higher education study, using basic qualitative information that may be presented verbally, graphically, in tabular or symbolic form,” she explained.

“The Mathematics Test targets students’ ability with regard to mathematical concepts that are formally regarded as part of the school curriculum and tested in the Mathematics Examination Papers 1 and 2.”

The NBTs have been developed with inputs from over 300 academics from all the 23 universities in the country. They are available in English and Afrikaans.
Data integrity is quality-assured by the Assessment Systems Corporation in Michigan, USA, and further interrogated by the Education Testing Services in Princeton, New Jersey, USA.

The NBT results of UFS students will be available by the middle of March 2010. First-year students who do not perform at the required proficiency level in the academic literacy domain will be required to complete a language development module. This module is offered in both English and Afrikaans, depending on the chosen medium of instruction of the student.

Media Release:
Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za  
2 March 2010
 

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