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Sacred valleys in the Free State

21 September 2023 | Story Motsaathebe Serekoane | Photo supplied

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

Conference: Expanded ARV treatment

2005-03-02

VENUE: University of the Free State, Bloemfontein, South Africa
DATE: 30 March 2005 - 1 April 2005

ARV Programme as on 24Feb Download Word document
Programme Special events Download Word document

Official web site www.fshealth.gov.za/subsites/arvc

Rationale for the Conference
At the time of the planned Conference, much ground would have been covered, both in the Free State and in South Africa, in respect of the expanded public sector ARV treatment programme in respect of research, experiences in practice, training of staff, treatment of patients, lessons learned, successes and failures, etc. The time would then be quite opportune to share these in a systematic manner with other provinces and countries, as well as with the large variety of stakeholders and role players in the ARV and related domains, be they academics and researchers, policy makers and service/facility managers, the variety of caregivers, and the community organisations and affected patients.

The Conference and current research
The proposed Conference is, firstly, directly linked to the current research on the public sector roll-out of ARV treatment in the Free State conducted by several research institutions (e.g. CIET, CHSR&D, UCT Lung Institute). Secondly, the Conference could and would serve as a forum for other research groups in the country and further a field to report and share knowledge and experiences on ARV treatment and related initiatives. Lastly, the Conference will stage a golden opportunity for researchers and scientists, on the one hand, and policy makers, managers, and caregivers (as knowledge users), on the other hand, to engage in cross-disciplinary discourse on this mutual and topical theme.

Theme of Conference
Expanded ARV treatment in the Free State: sharing experiences

Focus
The focus is primarily on public sector ARV treatment in the Free State, but also initiatives/activities/perspectives of relevance to the Free State elsewhere in the country at large and further a field, as well as relevant ARV initiatives in the public, private, NGO and FBO sectors. Bear in mind, however, that ARV treatment is but part of a much more comprehensive approach to HIV and AIDS. The Conference will, therefore, not narrowly focus on the ARV treatment programme only. The broader context, other relevant dimensions, and a comprehensive approach to the challenges of HIV, AIDS and TB are of equal importance.

The purpose of the Conference
Enhance meaningful exchange, mutual understanding and collaboration among researchers, scientists, policy makers, managers and practitioners in the field of ARV treatment and related fields.

Share experiences in the various spheres of ARV treatment and related spheres (policy, management, practice, research, training, public-private-civil society sectors).

Record, reflect and report on the establishment of the ARV treatment programme in the Free State, and in within the context of the comprehensive HIV/AIDS programme.

Disseminate important research results on ARV treatment and related themes to health policy makers, managers, practitioners, communities and to the research community.

Stimulate discourse among various disciplines and various stakeholders/role players involved in ARV treatment and related programmes.

Sensitise and acquaint researchers to the requirements of policy makers, managers and practitioners in respect of ARV treatment and related fields.

Facilitate the implementation of research results in ARV treatment policy, programmes and practice.

Dissemination of Conference-related information
Information generated during the Conference could feed into policy, management and practice of ARV treatment, the training accompanying such programme, and the existing body of knowledge. After the Conference the information will be disseminated via the Internet and by scientific and popular publications.

Date and duration
Set for 30 & 31 March & 1 April 2005; to commence at 09:00 on the first day (30 March) and to end at 16:30 (1 April) the third day.

Format and scope of Conference
Alternating plenary, parallel sessions and debates focused on topical issues and interest groups. The Conference will strive to be maximally interactive and participative.

Themes and topics to cover:

Policy, management and health services/practice (various levels and contexts – clinical treatment, information, IT systems, pharmacy, laboratories, nutrition)
Research covering all relevant disciplines and diverse dimensions of ARV treatment and related themes
Training and evaluation of training
Patients, communities and civil society organisations
Public, private, NGO, FBO initiatives and partnerships

Emphasis will be on the Free State, however, with of significant involvement from other provinces, SADC countries, and countries further a field. The thrust will be to export lessons and experiences from the Free State, but also to import lessons and experiences from other provinces, countries and sectors.

Presenters
Key presenters from the Free State, other provinces, South Africa, from the private, FBO and NGO sectors, and from several other countries

Delegates
About half of the delegates will be Free State stakeholders and role players (all levels and all contexts). The other half will be role players and stakeholders in the ARV and related fields from other provinces, the national level, and other countries, as well as from the private, public and non-governmental sectors.

Focused workshops
Provision will be made for half-a-day or one-day workshop initiatives on the third day (1 April 2005).

Enquiries
For more information please contact:

Prof Dingie van Rensburg
Centre for Health Systems Research & Development
University of the Free State
PO Box 339
Bloenfontein
SOUTH AFRICA
9300

Contact:
Carin van Vuuren
Conference Organiser
Centre for Health Systems Research & Development
University of the Free State
P.O.Box 339
Bloemfontein
South Africa
9300
Tel +27 (0) 51 401 2181
Fax +27 (0) 51 4480370
Cell 0832932890
e-mail: arvconference.hum@mail.uovs.ac.za

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