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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

Shack study holds research and social upliftment opportunities
2015-02-10

Photo: Stephen Collett

When Prof Basie Verster, retired head of the Department of Quantity Surveying at the University of the Free State (UFS), initiated an alternative form of housing for Johannes - one of his employees - a decision was made to base research on this initiative. This research project in Grasslands, Heidedal focused on the cost and energy efficiency of green and/or sustainable shacks.

Esti Jacobs from the Department of Quantity Surveying, together with an honours student in Quantity Surveying, a master’s student in Architecture, and young professionals at Verster Berry, helped with the project.

The physical goals of the project were to create a structure that is environmentally friendly, and maintains a comfortable interior climate in winter and summer, as well as being cost-effective to erect. The structure also had to be socially acceptable to the family and the community.

“The intention was to make a positive contribution to the community and to initiate social upliftment through this project. Structures such as the ‘green shack’ may serve as an intermediate step to future housing possibilities, since these structures are relatively primitive, but have economic value and could be marketable,” she said.

Esti explains the structure of the building, which consists of gum poles and South African pine bearers, with a timber roof and internal cement block flooring. The building is clad with corrugated iron and has a corrugated iron roof finish. Additional green elements added to the structure were internal Nutec cladding, glasswool insulation in walls, internal gypsum ceiling boards with ‘Think Pink’ insulation, internal dividing wall and door, polystyrene in the floors, and tint on the windows. A small solar panel for limited electricity use (one or two lights and electricity to charge a cellphone) and a Jojo water tank for household consumption by the inhabitants were also installed.

Esti said: “Phase one of the research has been completed. This phase consisted of an investigation into the cost of an alternative form of housing structure (comparing traditional shacks with the planned structure) as well as the construction process of the physical housing structure.

“Phase two of the research, commencing in February 2015, will last for two to three years. This phase will include the installation of temperature and relative humidity logging devices inside the existing traditional shack and the new green shack. The logs will be regularly monitored by the UFS Department of Quantity Surveying and Construction Management.

These data will enable the researchers to measure the differences in comfort levels inside the two different structures. The data, together with other information such as building materials and methods, are then processed by software programs. Through the simulation of different environments, building materials, and alternate forms of energy, software models can be used to come up with conclusions regarding more energy-friendly building materials and methods. This knowledge can be used to improve comfort levels within smaller, low-cost housing units.

The UFS will be working with Prof Jeff Ramsdell of the Appalachian State University in the USA and his team on the second phase of the project.

“This research project is ongoing and will be completed only in a few years’ time,” said Esti.

The results of the research will be published in accredited journals or at international conferences.

 

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

 

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