Rights to Machavie (Matlwang) Village : a historical study, 1837-1991

Abstract

This mini-dissertation investigates the validity of the right to land of the Barolong ba-ga Modiboa of Machavie Matlwang during the period of 183 7 - 1991 . Very few works on the resettlement of tribes in the former Western Transvaal have been published regarding the loss of people's right to land. Among others, there are descriptions on the Bakwena ba Mogopa who were relocated to Pachsdraai in Bophuthatswana in 1984. The process of relocating people and resettling them was a process of interaction involving the tribal councils, the Government of the Union of South Africa from 1910 and since 1961, the Republic of South Africa. The process of interaction to regain the right to land by the Barolong ba-ga Modiboa extends over three major periods. The first period is 1853 to 1900 in which the negotiations between the Trekker leaders and the Barolong ba-ga Modiboa over land can be regarded as a most important aspect that is also covered in this study. The second period is from 1900 to 1948 during which time the implementation by Government of laws regarding land played a vital role and in time became an important dispute between the white Government and its black inhabitants. This process is also covered in this dissertation. The third period followed after 1948 up to 1991 in which the process of interaction between the Barolong ba-ga Modiboa and the Potchefstroom Town Council concerning land reached a crisis. The Barolong were compelled to settle in various places and this process of relocation became commonly known as forced removals in the late 20th century. This process •of the resettlement of communities is a world-wide phenomenon affecting millions of people. The perception of the land rights as defined by the most important Native Land Act, 27 of 1913 and the Native Trust Land Act, 18 of 1936, classified black land into trust areas, released areas, and black spots. This classification automatically resulted in the (forced) resettlement of people. After 1948 it was even implemented in a stricter way by the implementation of stricter laws. This research, among others, indicates that the Barolong also settled in the former Orange Free State and the Zuid-Afrikaansche Republiek (former Transvaal Republic) before the Ndebeles and that the blacks, and the Barolong in particular, contributed to the defeat of Mzilikazi in order: to regain land in the former Western Transvaal, which they have occupied before the Ndebele's terrif Ying Difaqane/Mfeqane movement in the Highveld. As mentioned, this dissertation will cover the history of the Barolong ba-ga Modiboa, the process of obtaining land by them and whether they have a right to land. This will be done against the background of various Government acts with regard to land implemented in the 20th century. This discussion also considers the approaches to land and human rights world-wide.