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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

First-year students encouraged to attend UFS welcoming function
2007-01-12

Main Campus, Bloemfontein
The University of the Free State (UFS) will host a welcoming function for all new first-year students and their parents on Saturday 13 January 2007 in the Callie Human Centre on the Main Campus in Bloemfontein.
 
The function starts at 11:00 and will be addressed by the Rector and Vice-Chancellor of the UFS, Prof Frederick Fourie. UFS staff will also be available to provide vital information to first-year students on academic matters.
 
Saturday’s welcoming function can assist students and parents by providing vital information on the registration process, which starts on Tuesday 16 January 2007, and the many high quality academic learning programmes on offer in six faculties at the UFS.
 
The UFS has split the registration process into various categories of students and students should adhere to the dates, and times which apply to them as a one-stop service will be available so as to avoid unnecessary delays in the registration process.
 
The registration of first-time entering first-year students who applied before 30 November 2006 to study at the Bloemfontein Campus will take place from Tuesday 16 January 2007 at the Callie Human Centre.
 
Senior undergraduate students (that is, students entering their second or later year of study) may register from 22 January 2007 according to a programme that was sent to all students who were registered at the UFS in 2006.
 
Postgraduate students, first-time entering first-year students and other students, who applied for admission to the Main Campus after 30 November 2006 and were accepted, must register at the Callie Human from 5 February 2007. 
 
Late applications will be accepted until Monday 15 January 2007 at the Information Centre on the Main Campus’ Thakaneng Bridge. 
 
Lectures will commence on 5 February 2007 and the registration process will end on 9 February 2007.
 
Vista Campus:
The Vista Campus in Bloemfontein – which was incorporated into the UFS in January 2004 – no longer accepts applications from first-year students. Such prospective students had to apply to the UFS Main Campus. Students who had been registered on the Vista Campus last year must register at the Vista Campus on the same dates as applicable on the Main Campus.
 
Qwaqwa Campus:
At the Qwaqwa Campus of the UFS all first-time entering first-year students must report on Sunday 14 January 2007 for orientation, after which the registration of these students will take place according to a specific programme as from Wednesday 17 January 2007. The official welcoming functioning for new first-years at the Qwaqwa Campus of the UFS will take place on Saturday 10 February 2007 at 08:00 in the Rolihlahla Mandela Hall on the Qwaqwa Campus.
 
First-year students who have applied to study at the Qwaqwa Campus and their parents should attend this function which fulfils the same role as the one held on the Bloemfontein Main Campus.
 
Detailed information on the dates and times of registration for the various faculties and academic learning programmes is available on the UFS website at www.ufs.ac.za
 
Prospective students may also call the Main Campus in Bloemfontein on 051 4013000 or the Qwaqwa Campus on 058 718-5000 for more information.
 
Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
11 January 2007
 

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