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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

UFS Odeion School of Music (OSM) launched
2011-09-15

The University of the Free State’s (UFS) Odeion School of Music will be launched at the first Dean’s Concert in the Odeion on the Bloemfontein Campus on Friday, 16 September 2011.

The former Department of Music, in the Faculty of Humanities, has been transformed and will henceforth be known as the Odeion School of Music (OSM). This follows in the path of the corporate transition currently taking place at the university, which aims to reflect the progressive and dynamic striving towards excellence, as endorsed by the UFS Vice-Chancellor and Rector, Prof. Jonathan Jansen, and his management group.
 
Two years ago the faculty formulated a new mission with the aim to become an international faculty of excellence. An important component of it has been to create a pro-active marketing strategy and policy towards internationalisation and curriculum development.
 
The name Odeion School of Music portrays not only an excellent asset in the Free State, but also nationally and internationally. The school’s new name bears the respected Odeion brand and a number of successful and respected ensembles operate under this brand. These include the acclaimed residential Odeion String Quartet, as well as the Music Department’s student ensembles, the Junior Odeion String Quartet, the Odeion Sinfonia, and the Odeion Choir.
 
According to Prof. Nicol Viljoen, the Chairperson of the OSM, the name change was motivated by the following objectives:
  • The idea of a school within the Faculty of Humanities not only reflects an academic profile that does justice to the intention of the Department to reposition itself, but also simulates the current identity of the unit. This encompasses diverse thematic entities not only from an academic perspective, but also from a community and cultural perspective. The unit does this through providing services, which include arts entertainment, the provision of facilities, as well as a strong emphasis on community development.
  • With regard to an international perspective, it provides attractive possibilities not only from the perspective of a marketing and publicity profile, but also with regard to the identity of the unit.  
  • Hypothetically the new name allows more flexibility to complement the profile with reference to newly anticipated developments. These include the application of prestigious international experts as artistic fellows, membership to progressive European, jointly developed degree programmes and curriculum development initiatives, the founding of a chair in Orchestra Conducting, a master’s degree in Arts Management, as well as the incorporation of bio-kinetics in the teaching methodologies of performance practice, to name but a few.
  • From a management perspective it could also consolidate the perspective of scarce skill specialisation.
  • To give momentum to the establishment of the OSM, Mr Marius Coetzee was appointed as Innovation Manager. He is a former Project Manager of the European Degree in International Music Management – a joint degree initiative between three Universities from Norway, the Netherlands and Finland, funded by the EU in Brussels. His aim will be to develop and investigate aspects such as internationalisation, marketing, pro-active recruitment strategies, curriculum development and innovative teaching methodologies.
Mr Coetzee said music conservatories, from both European and American perspectives are managed and maintained as highly successful and substantial brands. From the European perspective some examples include the Sibelius Academy in Helsinki (Finland), the Liszt Academy in Budapest (Hungary), the Grieg Academy in Bergen (Norway) and the former Sweelinck Academy in Amsterdam (Netherlands). Similar to the South African milieu, the majority of music conservatories in the USA and Canada are resident within an academic university.
However, unlike the South African reality, the majority of these institutions have a value-added identity portrayed by a specific name. Such an example is the renowned Peabody Conservatory of the University of Baltimore or the Jacobs School of Music at the Indiana University Bloomington, to name but a few.
 
The Dean’s Concert will highlight performances of students in the school. The concert will probably become a regular event in future Spring Music Festivals.


Media Release
15 September 2011
Issued by: Lacea Loader
Director: Strategic Communication
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za
 

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