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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

Kovsie Tennis team defends proud USSA record in Cape Town
2015-12-01


In 2014, Kovsies won gold at the USSA Tennis Tournament for the eighth consecutive time. Six players from last year's 12-man squad are in 2015 in Cape Town again available. Photo: Johan Roux

Duke Munro already has six gold medals from the USSA Tennis Tournament in his cupboard, and the Kovsie Tennis team would wish to bid him farewell in a fitting manner during what will probably be his last tournament in Cape Town.

This year's tournament, taking place from 30 November to 4 December 2015, will probably be Munro's last, since he is completing his Master's degree in Quantity Surveying at the University of the Free State (UFS).

He has competed in the USSA Tournament since 2009, and would like to help his team defend its proud record.

UFS aim for ninth consecutive title

Kovsies have won gold at the USSA Tournament for the last eight years. They are the only team who have been able to win the tournament since the combined format was adopted in 2010. In 2007 and 2008, their Women's team won the tournament, and in 2009, their Men's team.

Kovsies will play in group matches against the Universities of Venda and Wits on 30 November 2015, against the University of Cape Town's (UCT's) second team on 1 December 2015, and against UCT's first team on 2 December 2015. The cross and knockout matches will be played on 3 and 4 December 2015.

Other sporting codes

The Sevens Rugby team from the UFS will compete in the USSA Tournament in George on 30 November and 1 December 2015.

For the past two years, the team has won bronze, and will be playing three league matches on 30 November 2015 against the North-West University's Vaal Campus, Nelson Mandela Metropolitan University's Port Elizabeth Campus, and the Vaal University of Technology.

Kovsies are the current Varsity Sevens Champions after winning the title in Cape Town in April 2015.

Ten Kovsie swimmers took part in the USSA Tournament in Johannesburg from 28 November to 30 November 2015. Last year, Kovsies came third, but unfortunately some of their leading swimmers were unable to take part this year.

The Kovsie Table tennis team will participate in the USSA Tournament in Kimberley from 30 November to 4 December 2015.

Most of the USSA Tournaments in the other sporting codes were either postponed or cancelled because of the recent nationwide student protests. As a result of the protests, exams were written later, and tournaments would have taken place during the holidays.

Only the tennis, table tennis, Sevens rugby, swimming, and cricket B Division in East London will continue.

The USSA Soccer Tournament, to take place at the UFS and the Central University of Technology in Bloemfontein, was postponed until March 2016.

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