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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

Leah Tutu - from a humble heritage to a matriarch of devotion
2013-10-18

 

Leah Tutu
18 October 2013

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Leah Tutu Symposium: YouTube video

There are treasures in life, but owners are few
Of money and power to buy things brand new
Yet you can be wealthy and feel regal too,
If you will just look for the treasures in you …

The joy and the laughter, the smile that you bring;
The heart unafraid to love and to sing;
The hand always willing to help those in need;
Ones quick to reach out, to labour and feed.

So thank you for sharing these great gifts inside;
The caring, the cheering, the hug when one cried.
Thanks for the energy, encouragement too,
And thank you for sharing the treasures in you. (Author unknown)

With these words, Thandeka Tutu-Gxashe embodied the celebration in honour of her mother, Leah Tutu.

On Thursday 17 October 2013, the Annual Intercontinental Leah Tutu Symposium was launched at the UFS’ Bloemfontein Campus. Dignitaries and students alike flocked to the Centenary Hall where friends and family shared their immense love and respect for Ms Tutu.

Approaching the podium, Eunice Dhadhla (co-founder with Ms Tutu of the Domestic Workers Union) started humming and in an instant the audience had risen to their feet and the words “My mother was a kitchen girl. My father was a garden boy. That’s why I’m a unionist”, reverberated through the hall.

“I am what I am today because of her,” Dhadhla said of Ms Tutu. They have walked a long hard road together to ultimately unite domestic workers across the globe. Stretching her small body to its full length, Dhadhla imparted one of the most valuable lessons she has learned from Ms Tutu, “Stop crawling, stand up and walk for yourself.”

As soon as Dr Sindiwe Magona – acclaimed writer and poet – ascended the stage, her energy rushed across the room with electrifying intensity. Her high regard for Ms Tutu as public icon as well as a mother, wife and friend, was palpable. Belting out line after line of a poem she wrote especially for Ms Tutu, the audience echoed their agreement in a mutual exchange.
No sooner were they seated, than Archbishop Desmond Tutu and Prof Jonathan Jansen had the crowd roaring with laughter. Archbishop Tutu’s familiar chuckle peppered his story of how he came to propose to his wife. It was clear, though, how much he reveres Ms Tutu’s presence in his life. With enormous awe, he revealed her innate power, specifically during difficult times in our country’s past – from weathering death threats against her husband to public humiliation.

But despite adversity and heartache, in front of the Centenary Hall, this matriarch stood up and beamed joy into everyone present.

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