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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

Centre to enhance excellence in agriculture
2008-05-09

 

At the launch of the Centre for Excellence were, from the left, front: Ms Lesego Sejosengoe, Manager: Indigenous Food, Mangaung-University Community Partnership Project (MUCPP), Ms Kefuoe Mohapeloa, Deputy Director: national Department of Agriculture; back: Mr Garfield Whitebooi, Assistant Director: national Department of Agriculture, Dr Wimpie Nell, Director: Centre for Agricultural Management at the UFS, and Mr Petso Mokhatla, from the Centre for Agricultural Management and co-ordinator of the Excellence Model.
Photo: Leonie Bolleurs

UFS centre to enhance excellence in agriculture

The national Department of Agriculture (DoA) appointed the Centre for Agricultural Management within the Department of Agricultural Economics at the University of the Free State (UFS) as the centre of excellence to roll out the excellence model for small, medium and micro enterprises (SMME’s) for farmers in the Free State.

The centre was launched this week on the university’s Main Campus in Bloemfontein.

The excellence model, which is used worldwide, was adapted by the Department of Trade and Industry as an SMME Excellence Model. The DoA then adapted it for agricultural purposes.

“The excellence model aims to assist farmers in identifying gaps in business skills. These gaps will be addressed by means of short courses. It will help to close the gap between the 1st and 4th economy,” said Dr Wimpie Nell, Director of the Centre for Agricultural Management at the UFS.

The UFS – as co-ordinator of the SMME Excellence Model – the DoA, the private sector, municipalities, small enterprise development agencies, and non-governmental organisations will be working together to enhance excellence in agricultural businesses in the Free State.

The benefit of the model is that it changes the mindset of emerging farmers to see agriculture as a business and not as a way of living. Dr Nell said: “We also want to create a culture of competitiveness and sustainability amongst emerging farmers.”

“The Free State is the second province where the model has been implemented. Another four provinces will follow later this year. Altogether 23 officers from the DoA, NGO’s and private sector have already been trained as facilitators by the Centre of Excellence at the UFS,” said Dr Nell.

The facilitator training takes place during four contact sessions, which includes farm visits where facilitators get the opportunity to practically apply what they have learnt. On completion of the training facilitators use the excellence model to evaluate farming businesses and identify which skills (such as financial skills, entrepreneurship, etc.) the farmers need.

The co-ordinator from the Centre of Excellence, Mr Petso Mokhatla, will monitor the facilitators by visiting these farmers to establish the effectiveness of the implementation of the model. Facilitators must also report back to the centre on the progress of the farmers. This is an ongoing process where evaluation will be followed up by training and re-evaluation to ensure that successful establishment of emerging farmers has been achieved.

According to Ms Kefuoe Mohapeloa, Deputy Director from the national Department of Agriculture, one of the aims of government is to redistribute five million hectare of land (480 settled people per month) to previously disadvantaged individuals before 2010. The department also wants to increase black entrepreneurship in rural areas by 10% this year, increase food security by utilising scarce resources by 10%, and increase exports by black farmers by 10%.

“To fulfill these objectives it is very important for emerging farmers to get equipped with the necessary business skills. The UFS was a suitable candidate for this partnership because of its presence in the Accelerated and Shared Growth Initiative of South Africa (ASGISA). With the Jobs for Growth programme, ASGISA is an important extension to the Centre of Excellence and plays a major role in the implementation of the model to improve value-chain management,” said Ms Mohapeloa.

Twenty facilitators will receive training in June and another 20 in October this year. “The more facilitators we can train, the more farmers will benefit from the model,” said Dr Nell.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
8 May 2008

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