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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

UFS welcomes Prof Francis Petersen as new Vice-Chancellor and Rector

2017-04-02

Prof Francis Petersen takes up office as the 14th Vice-Chancellor and Rector of the University of the Free State today.

“On behalf of the UFS Council and the university community, I would like to welcome Prof Petersen to the university. He brings to the UFS a distinguished academic record, confident leadership, innovative thinking, and an understanding of the extent of the challenges being experienced by universities in the broader South African context,” says Mr Willem Louw, Chairperson of the UFS Council.

“I am excited to join the UFS and look forward to meeting the university community, to get to know the three campuses, and to engage with staff and students. In a way, it was a natural progression for me to be appointed in this position, having been Dean of the Faculty of Engineering and the Built Environment at the University of Cape Town (UCT), and then Deputy Vice-Chancellor: Institutional Innovation at the same university. On the other hand, I believe that universities in South Africa need strong and innovative leadership. I would like to make a contribution to the higher-education system in this regard. Moreover, I regard the UFS as a very good university, and see my challenge in taking the UFS to the next level,” says Prof Petersen.

“Challenges and making a difference motivate me – whether complex or simplistic, the opportunity to be able to provide solutions and taking people with me while developing these solutions, is what ultimately motivates me.”

“It is important that different viewpoints are respected. The UFS must be a place where everyone feels welcome. There must be a strong sense of belonging; staff and students must feel they are making a contribution to the university,” he says.

According to Prof Petersen, the major challenge for the university is its institutional climate. “My focus would be to strive towards creating an institutional climate of inclusivity, respect for one another, valuing diversity in all its forms, and to make the university a welcoming place. The UFS is in the process of developing an Integrated Transformation Plan (ITP) that will serve as the road map to address the institutional climate challenge, but will also assist (if implemented effectively) in excelling the UFS in areas of teaching and learning, research and innovation, and community engagement through scholarship,” says Prof Petersen.

“I am a good listener, I am outcome-based, and my vision for the university includes diversity, inclusivity, and academic excellence,” he says.

Prof Petersen was born in Oudtshoorn and grew up in Malmesbury in the Western Cape, where he also matriculated. He graduated from Stellenbosch University with a BEng (Chem Eng), MEng (Metal Eng), and PhD (Eng) degrees and completed a short course on Financial Skills for Executive Management. He is a recipient of the Ernest Oppenheimer Memorial Trust Award for research excellence, and was visiting professor at the Cape Technikon and extraordinary professor in the Department of Chemical Engineering at Stellenbosch University. He is a regular reviewer of journals, and member of a range of editorial boards for international journals. He is also a registered professional engineer with the Engineering Council of South Africa and a Fellow of both the South African Institute of Mining and Metallurgy, and the South African Academy of Engineers.

He brings to the position of Vice-Chancellor and Rector his extensive experience of management in both the industry and academic sectors. He has been the executive head of strategy at Anglo American Platinum and head of the Department of Chemical Engineering at the Cape Technikon (now Cape Peninsula University of Technology). Among others, he previously served as member on the Board of the Council of Scientific and Industrial Research, the National Advisory Council on Innovation, and the Council of the Academy of Science of South Africa.

Prof Petersen is married and has two sons. He was appointed by the UFS Council at the end of 2016 after Prof Jonathan Jansen stepped down as Vice-Chancellor and Rector on 31 August 2016, serving in this position since July 2009. Prof Nicky Morgan, Vice-Rector: Operations at the UFS, has been acting Vice-Chancellor and Rector since 1 September 2016.

Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

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