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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

Plant scientists address wheat rust diseases at SASPP congress
2015-02-02

Pictured from the left are: Prof Zakkie Pretorius, Dr Botma Visser and Howard Castelyn.
Photo: Supplied

In his research, Dr Botma Visser, researcher in the Department of Plant Sciences at the University of the Free State, highlighted the population dynamics of the stem rust fungus (Puccinia graminis f. sp. tritici) in Southern Africa. In recent years, two foreign stem rust races were introduced to South Africa, and a local virulence adaptation occurred in a third.

All of these races form part of the Ug99 group, a highly virulent collection of rust races endangering wheat production in many parts of the world. Despite the fact that half of the members of the Ug99 race group is prevalent in South Africa, Dr Visser’s work has clearly shown that Ug99 did not have its origin here. This emphasised the need to include neighbouring countries in the annual stem rust surveys, to proactively identify new races that could threaten local wheat production. In his research, Dr Visser also mentioned the way in which he has optimised modern molecular tools to accurately detect Ug99 isolates.

Dr Visser is one of three scientists from the Department of Plant Sciences that addressed delegates attending the biennial congress of the Southern African Society for Plant Pathology (SASPP) on the Bloemfontein Campus earlier this month on progress regarding research on wheat rust diseases conducted at the UFS.

Howard Castelyn, a PhD student in Plant Sciences, presented his research on quantifying fungal growth of the stem rust pathogen in wheat varieties displaying genetic resistance. This resistance, which is best expressed in adult plants, has the potential to remain durable in the presence of new rust variants. His presentation at the congress focused on optimising microscopic and molecular techniques to track fungal development in stem tissues of adult plants. These results now allow scientists to link rust infection levels and cellular responses with particular resistance genes expressed by the wheat plant, and contributing to the understanding and exploitation of durable resistance.

Prof Zakkie Pretorius presented his research, explaining how new genetic diversity for resistance to the stripe (yellow) rust fungus (Puccinia striiformis) is discovered, analysed and applied in South Africa. This research, conducted in collaboration with Dr Renée Prins and her team at CenGen, is unravelling the genetic basis of stripe rust resistance in a promising wheat line identified by Dr Willem Boshoff, a plant breeder at Pannar. The line and DNA markers to track the resistance genes will soon be introduced to South African wheat breeding programmes.

The rust research programme at the UFS contributes significantly to the successful control of these important crop diseases.

In addition to the contributions by the UFS, rust fungi featured prominently at the SASPP, with first reports of new diseases on sugar cane and Acacia and Eucalyptus trees in South Africa. A case study of the use of a rust fungus as a biological control agent for invasive plant species in the Western Cape, was also presented.

 

For more information or enquiries contact news@ufs.ac.za .

 

 

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