ASSESSMENT OF

The Remainder, Portion 1 (Tevreden), Portion 2

(Akermans Kraal B) and Portion 3 of the farm

Akermans Kraal 11

IN TERMS OF ARCHAEOLOGICAL AND OTHER

HERITAGE SITES

Report compiled by: Zoë Henderson, Loudine Philip & Chriselle Koortzen Department of Archaeology, National Museum P.O. Box 266, , 9300, Tel: 051 447 9609, Fax: 051 447 6273 E-mail: [email protected] Date: 08/07/08

Report compiled for: Deep Earth Resources (Pty) Ltd

CONTENTS

1. Executive Summary………………………………………………………. 1 2. Background information on the project………………………………. 1 2.1 Details of the area surveyed……………………………………. 1 3. Background to the Archaeological history of the area 3.1 Previous research in the area…………………………………. 1 3.2 Archaeological background to the survey…………………... 2 3.3 Historical Background of the area ……………………………. 3 3.4 The Anglo-Boer War……………………………………………... 3 4. Background information of the survey 4.1 Methodology……………………………………………………….. 5 4.2 Restrictions encountered during the survey………………... 5 4.3 Details of equipment used in the survey……………………… 6 5. Description of sites and material observed 5.1 Locational Data……………………………………………………. 6 5.2 Description of the general area surveyed……………………. 6 5.3 Description of sites………………………………………………. 6 5.4 Dating the findings……………………………………………….. 12 5.5 Description and distribution of archaeological material found……………………………………………………… 12 5.6 Summary of findings……………………………………………… 12 6. Statement of Significance (Heritage Value)……………………………. 13 6.1 Field Rating………………………………………………………… 13 7. Recommendations…………………………………………………………. 14 8. Risk preventative measures associated with construction………… 15 9. References…………………………………………………………………… 15 Attachments: Extracts from the National Heritage Resources Act…….. Appendix 1 Photos……………………………………………………..…….. Appendix 2 Maps………………………………………………..…………….. Appendix 3

i 1. EXECUTIVE SUMMARY

A foot survey was carried out of a 1 km section of the farm Akermans Kraal 11 along the Orange River. All archaeological and historical sites observed during the survey were recorded. The observations consist of Stone Age artefacts (Early Stone Age, Middle Stone Age and Later Stone Age), possible KhoeKhoe kraals, historical farming structures and Anglo-Boer War military installations.

It is assumed that most of the prospecting work will be carried out on the river terraces and not on the hills and ridges of the farm. Most of the documented sites on the farm occur on the hills and ridges, apart from about two stone walls and a graveyard. The prospecting drilling operations will therefore have a minimal affect on the cultural heritage material. Pitting may be more problematic, and the exact location of the pits would have to be investigated should they occur near to any of the identified structures. The graveyard has been designated a no-go area.

2. Background information on the project

This report was requested by Deep Earth Resources (Pty) Ltd

Consultant: Betsie Meyer Type of proposed activity: Prospecting for open cast alluvial diamond mining. Terms of reference: To carry out an Archaeological Impact Assessment Legislative requirements: The Heritage Impact Assessment was carried out in terms of the National Environmental Management Act no. 107 of 1998 (NEMA) and following the requirements of the National Heritage Resources Act no. 25 of 1999 (NHRA).

Details of the proposed activity: Drilling –104 holes (165 mm diameter; maximum 10 m deep) Pitting – 12 pits (5 m x 5 m x 5 m)

2.1. Details of the area surveyed:

Footprint: 770 ha Current land use: Mixed agricultural use – grazing and cultivation

3. Background to the Archaeology and History of the area

3.1 Previous research in the area

The Orange River area has been the focus of scientific interest for over a century. Although most geological work has been undertaken along the lower reaches of the Orange, some research has taken place in the past in the area.

The earliest comprehensive work in the area was undertaken by an amateur naturalist, Alfred Brown (Drennan n.d.). Brown moved to Aliwal North in 1858 where he lived until his death in 1920. He initially concentrated on the collection

1 of fossils and geological specimens, but later also on archaeological material, publishing a short note on archaeological implements in 1870 (ibid). His collection was studied by Robert Broom and is now in the hands of the South African Museum.

However, the first full-scale archaeological study in the area was that by Garth Sampson in the late 1960s (Sampson 1967). This work was undertaken during the construction of the Gariep (then Hendrik Verwoerd) Dam between Bethulie and . The survey also included the area of the Vanderkloof Dam, further down the Orange River, near Petrusville. The results of this two-year survey yielded 942 Stone Age sites, most of which were open-air sites (Sampson 1972). These sites dated from the Early Stone Age through to historic times. Sixteen of the sites yielded sealed samples which were further investigated.

The only other archaeological work in the vicinity is a brief discussion of Acheulian artefacts in the Orange River gravels at Aliwal North (Macfarlane 1945). Macfarlane was more interested in the occurrence and development of the river gravels. He observed Acheulian artefacts in these river gravels and tied these in with the development of the Orange and two streams leading into it near Aliwal North. Macfarlane identified what he called Pre-Stellenbosch, Stellenbosch and artefacts and suggested that the last phase of river aggradation in the area took place during the Fauresmith period. He also observed MSA artefacts in the surface soils, which is consistent with a later phase of occupation.

Palynological studies were undertaken on samples from the Aliwal North warm water springs (Coetzee 1967). C 14 dates on the cores indicate that they cover a period from 12 600 ± 110 years ago until about 9 650 ± 150 years ago (ibid). That is the period of the Later Stone Age. Certain climatic changes have been deduced with periods which were cooler than present interspersed with warmer and drier periods.

3.2 Archaeological background to the survey

Based on the research by Sampson (1972) and Macfarlane (1945) it was anticipated that archaeological material on the farm would date from the ESA, MSA and LSA. We expected to possibly find Acheulian artefacts in the river gravels and along the banks of the river, with MSA and LSA artefacts scattered over the hillsides and ridges.

It was also anticipated that traces of KhoeKhoe occupation in the area may still be visible. It is known that these herding groups often followed the larger rivers as part of their migration patterns. Extensive research has been undertaken in the Seacow Valley, south west of the survey area, documenting the movements of these herders on the landscape (Sampson 1996). Herders appeared in the area during the mid first millennium AD (Mitchell 2002). Habitation sites are poorly understood, but some of the stone kraals on the landscape probably relate to these groups. It is also known that KhoeKhoe burials are sometimes visible, especially if they are marked with a cairn of stones. Pottery linked to

2 stone kraals of cave sites could also be an indication of a KhoeKhoe presence in the area.

3.3 Historical background of the area

The first Europeans in the area would have been the ‘trekboers’ looking for grazing for their cattle. It is known that these farmers were moving around in the area for 20 to 30 years before the first settlements were founded.

Aliwal North was founded in 1849 to be the magisterial centre of the new Albert District, which was proclaimed in 1848 (le Roux et al 2008). Aliwal North was located within the Buffelsvlei division of the Albert District (ibid).

The farm Akermans Kraal no 11 was first surveyed in 1850, shortly after the establishment of the nearby town of Aliwal North. According to the present owner it was named after a ‘bywoner’ on the farm with the surname of Akerman (Snyman, pers comm. 3 July 2008). The farm was resurveyed in 1937. A railway line runs along the current southern boundary of the farm, which on the map of 1850 continued on below the line. This southern section was marked as Tervreden, the name given to that portion (as a separate farm) on the 1937 diagramme.

3.4 The Anglo-Boer War (1899-1902)

The Anglo-Boer War began with British territory being invaded by the Boers1 at four points: in the east into Natal, in the north-west of the Transvaal towards Mafikeng, in the south-west towards Kimberley and across the Orange river into the Eastern Cape. The invasion routes were directed at railway lines, which would be used to bring British troops into the Boer Republics. To the British the war was fought mainly to establish their supremacy in South Africa, while to the Boer republics it was a defensive war (http://www.melrosehouse.co.za/boer_war/war10.htm). Commandant J.H. Olivier was commissioned by President Steyn of the Republic of the as chief commandant to lead the Boer offensive in the Stormberg area of the Eastern Cape (Oosthuizen, 1994 cit p 46). Although the Orange River was the official border between the British ruled Cape Colony in the south and the Boer ruled Republic of the Free State in the north, the area between the Stormberg mountain range in the south and the Orange River in the north formed a buffer area between the two political entities. Up to the beginning of the war Brit and Boer lived here alongside each other in relative peace (Oosthuizen, 1994 cit p 15).

Olivier’s siege of the town of Aliwal North on 13 November 1899 was without any bloodshed and was he received like a hero. Olivier immediately claimed Aliwal North to be Republican territory and renamed the town Oliviersfontein (Oosthuizen, 1994 cit p 48). After this the towns , Jamestown, Lady Grey, Barkly-East, Dordrecht and for some unknown reason the small town of

1 The Boers consisted of the combined forces of the ZAR (Zuid Afrikaanse Republiek) and the Republic of the Free State

3 Rhodes would follow in being declared Republican territory. It was only by the time Olivier reached Dordrecht that the British managed to mobilize a force under General Gatacre to counter the invasion (Oosthuizen, 1994 cit pp 56-72). The two forces met in the Stormberge in what later became known as the Battle of Stormberg which ended in a resounding victory for the Boers (Oosthuizen, 1994 cit pp 73-78).

The Cape rebels in the Stormberg area who joined the Boer offensive soon realized that the intention was not to free the Cape Colony from British rule but rather to secure the southern border of the Republic of the Free State against British invasion (Oosthuizen, 1994 cit p 79).

In spite of their initial victories over the British, the tide began to turn against the Boers in February 1900. On 1 March 1900 Olivier was recalled by President Steyn to help in the defense of the Republic of the Free State. By then the British had already re-claimed and Kimberley and were well on their way to annex the Republic of the Free State (Oosthuizen, 1994 cit p 87). Bloemfontein, capital of the Free State, fell to the British on 13 March 1900 and on 28th May the province was annexed and renamed the Orange River Colony. On 31st May, British troops entered Johannesburg and, on 5th June, Pretoria was taken. The Transvaal was annexed on 1st September 1900. To many it seemed that the war was over (http://www.melrosehouse.co.za/boer_war/war1.htm).

After the last Boer commandos fled across the bridge over the Orange River at Aliwal North on 11 March 1900, the Stormberg area was placed under martial law by the British (Oosthuizen, 1994 cit p 120).

Under the leadership of Louis Botha, Christiaan de Wet, Jan Smuts and de la Rey, the Boers abandoned the British style of warfare and increased their reliance on small and mobile military units. The mobility of these units enabled them to capture supplies, disrupt communications and undertake raids on the army of occupation. They were very successful in evading capture. In response, the British embarked on a scorched earth policy to deny supplies to the fighters. Approximately 30,000 farms were burnt. In March 1901 the need to restrict the movement of the Boers brought the development of 8,000 blockhouses and 3,700 miles of wire fencing guarded by 50,000 troops. This was followed by a number of 'drives' which had the intention of cornering the Boers, but the operations mainly produced large numbers of displaced Boer and African families. These refugees were sent to concentration camps around South Africa. These measures were largely responsible for bringing the Boers to the negotiation table to end the War (http://www.angloboerwar.com).

In the Stormberg area these blockhouses were erected during the winter of 1901 in a line all along the southern banks of the Orange River (Oosthuizen, 1994 cit p 118). The distance between blockhouses was calculated to be able to extend the reach as far as possible but at the same time to prevent the Boers from passing unnoticed between them. The average distance apart was about 1,000 yards (910 m). Line of sight was vital and this required a greater density of blockhouses in some areas. The gap between blockhouses was filled by wire

4 fences. These fences did not run along the shortest distance between the blockhouses but zig-zagged so that the troops from both blockhouses could fire at the enemy between themselves but without the chance of hitting the other blockhouse. In order to expedite the erection of blockhouses many were prefabricated of corrugated iron and poles and shipped in units for easy erection on site (http://www.angloboerwar.com/Other/blockhouses.htm). In the Stormberg area each of these blockhouses were usually manned by an officer and six black men (Oosthuizen, 1994 cit p 118).

Although attempts at peace were made as early as March 1900, nothing significant was achieved in that direction before 1902. Early in April 1902 the two Boer Governments met to consult each other on their war position. In spite of initial disagreement amongst the Boer leaders, it was accepted that discussions between the Boer Governments and Lord Kitchener, Commander- in-Chief of the British forces in South Africa, should take place. A delegation of ten Boer leaders was sent to Pretoria for the negotiations. The Peace Treaty of Vereeniging was signed in the dining room of Melrose House at five past eleven on the evening of Saturday 31 May 1902 which formally brought the Anglo-Boer war to an end. (http://www.melrosehouse.co.za/boer_war/war2.htm).

4. Background information of the survey

4.1. Methodology:

A team of five trained archaeologists from the National Museum in Bloemfontein undertook a foot survey of the area on 2 and 3 July 2008. Various areas were targeted for investigation, such as the dongas and river terraces, while the rest of the survey was undertaken by walking transects at random intervals.

Research on the property included consultation of the Department of Archaeology’s database, various literature sources and interviews.

4.2. Restrictions encountered during the survey:

Visibility. Visibility was variable in the area of the survey. It was good in the dongas, erosional areas and on most of the hillsides. However, it was difficult along the river bank, in certain of the grazing area and in some of the more wooded areas. This did not, however, have any significant effect on the recording of material for the survey.

Disturbance. All cultivated fields were regarded as disturbed areas and not surveyed. Ploughing would have disturbed the distribution of artefacts. Natural disturbance, such as erosion was encountered in various places during the survey. These areas were surveyed and the erosional gullies and dongas inspected for artefacts.

5 4.3. Details of equipment used in the survey:

GPS: Garmin Map60CSx and Garmin etrex Summit Datum: WGS 84 All readings were taken using the GPS. Accuracy was to a level of 3-5 m. Maps created using Garmin Mapsource software. Digital cameras: Sony cybershot

5. Description of sites and material observed:

5.1. Locational Data:

Map reference: 3026DA Aliwal Noord Province: Eastern Cape Province Magisterial District: Ukhahlamba District Municipality Nearest Town: Aliwal North

5.2. Description of the general area surveyed:

The surveyed area consisted of a one km wide strip along the banks of the Orange River. The Orange is a large river which makes a 90° bend around the farm. The river has been depositing silt and sand along its banks.

There are various river terraces along the river which would be related to the development of the river. Behind these terraces are various small hills and ridges. The hills and ridges seem to have been the focus of human activity from the earliest times onwards.

Various areas along the river bank are currently being used for agricultural purposes and crops are produced. There were two large fields with pivots in our portion of the survey area, as well as various other fields along the river that are being cultivated, although without the pivot.

5.3. Description of sites:

Site located during the survey can be divided into scatters of Stone Age artefacts, prehistoric kraals and historic structures or occurrences. Anglo-Boer War (South African War) sites are a subset of the last category and will be described separately.

Sand mining is taking place within the Orange River at one point. This activity requires that sand and river gravel is removed from the river bed. It is then stockpiled and later sieved. The sand is then removed for commercial purposes and the gravel used for repairing the farm roads. The sieved gravel was inspected for Acheulian artefacts and any other Stone tools. Only one core was observed in gravel along the road. It may or may not have come out of the gravel. The edges of the core were still in a fresh condition indicating that it had not been washed down the river with the rest of the gravel. It therefore seems unlikely that the gravels being mined along the river contain numbers of artefacts such as those noted by Macfarlane (1945) in the river gravels near

6 Aliwal North. As far as could be ascertained the gravels being mined at Akermans Kraal occur below the river bed and therefore possibly pre-date the gravels higher up the river.

The river terraces were inspected at various points for artefacts and it is evident that they do not occur in the sand banks of the river. Those that were located near the bank were either on the surface (and had probably eroded onto the are from an adjacent hill) or were in erosion gullies and were out of context as well. The sides of the gullies should no indications of artefacts within in them.

Stone Age artefact scatters and isolated artefacts:

Artefacts observed during the survey were indicative of Early, Middle and Later Stone Age presence in the area. The most common Early Stone Age (ESA) artefact was a basic chopper. These were made on cobbles, and apart from occurrences at HSAS 01 and HSAS 02 where more than one chopper was located, were mostly observed as isolated tools on the landscape.

Middle Stone Age (MSA) artefacts were observed quite widely scattered over the survey area. Artefacts were mainly of hornfels and displayed varying degrees of patina and weathering. Scatters were not dense and occurred mainly on the river side of the small hills and ridges along the Orange River. Artefacts were mostly located around the base of the slopes, indicating a degree of post depositional movement.

Few Later Stone Age (LSA) artefacts were observed during the survey. Those that were observed were distributed in the same areas as the MSA artefact occurrences.

Two sites displayed relatively high concentrations of artefacts. These sites were located on the western side of the survey area and were scattered over large portions of the hillside. The sites are as follows:

HSAS 01 High Concentration Stone Age scatter consisting of mostly heavily weathered artefacts from various raw materials. Artefacts appear to belong to the ESA and MSA and cover an area of approximately 2 x 3m.

HSAS 02 High Concentration Stone Age scatter consisting of mostly heavily weathered artefacts from various raw materials found among a large quantity of water warn pebbles. This artefact-pebble scatter covers two adjacent areas: the highest concentration is found on top of a low lying ridge (radius ± 20m) with the second area lower down towards the east, covering an approximate area of 30 x 20 m.

The ESA choppers are not weathered, but appear remarkably ‘fresh’, while the MSA artefacts are weathered to varying degrees.

7 HSAS 03 This is an area of a few square metres near to the top of a ridge where a high number of artefacts was observed. These artefacts were mostly undiagnostic flakes. Various raw materials were present and most of the flakes had varying degrees of cortex on their dorsal sides. The flakes were not in primary context.

Smaller, less dense, concentrations

These sites usually contain predominantly MSA artefacts, and depending on location, these artefacts can be patinated and weathered to a greater or lesser degree. The sites have been marked as areas where several artefacts occur within an area of a few square metres. As these are all surface occurrences, these concentrations may not necessarily represent archaeological sites, but could be the result of post depositional surface concentrations of artefacts.

MSAS 01 – MSAS 09 Medium concentration Stone Age scatters consisting of mostly unweathered flakes and cores from various raw materials. ESA choppers were observed in the vicinities of MSAS 06 and 09. MSAS 06, 07, 08 and 09 are all small light scatters of MSA artefacts and undiagnostic flakes. These all occur in areas that have been exposed and have been subject to erosion.

Isolated artefacts

Isolated artefacts occur over most of the survey area, particularly on the hill slopes facing the river. Few of these artefacts merit particular mention and only one or two are described below.

Upper and lower grinding stones:

Lower grinding stone: Size approximately 25cmX22cmX4cm. Both front and back surfaces worn smooth and even (no noticeable depression in the middle). Edges slightly rounded on both sides with thin side not as noticeably smooth to the same degree as the flat surfaces. Upper grinding stone: Worn smooth to a flat surface on four sides (ranging from approximately 4cmX4cm to 5cmX5cm) that are at an angle to one another. The grinding stone is weathered on account of being exposed to the elements. Note: A different use for both these items could have been as washing/laundry slab (lower) and stone (upper) as still used in rural areas today. A section of wet clothing to be cleaned is placed on the lower stone and rubbed with the upper stone to dislodge dirt. This action over some period of time results in an overall smooth surface of the lower stone and the upper stone is also on average smaller than traditional upper grinding stones since it is mostly used with one hand whilst the other hand is used to move the clothing around.)

Occurrence ISA 03 on the map is a point taken at the beginning of a small erosional gully that snakes its way to join the river. Various isolated artefacts were observed in the base of the gully, clearly not in situ.

8 Historical structures and occurrences:

SS 01 This wall lies at the foot of a ridge and consists of roughly shaped rocks packed on top of each other and cemented in place. The wall varies in height and large parts have been covered by sand from the ridge. It is possible that the wall is linked to the pipes and water pump near by.

Akermans Kraal No. 11 was resurveyed in February 1937 (). An Engine House is indicated in the vicinity of where SS 01 was observed, although it may be closer to the river as it is difficult to determine the exact location of the Engine House from the survey diagramme.

SS 02 and SS 03 SS03 is a ±720m stone wall running north south along a low-lying ridge. Two rows of large stones are packed against each other and filled in with smaller stones. The wall varies in thickness and height. In some places it is up to 0.5 m high with almost nothing of the wall remaining in other places. SS02 appears to have been a rectangular stone structure of some sort and uses the northern end of SS03 as its western wall. SS03 is very damaged with only a single row of stones standing in some places.

SS 05 This is a rectangular shaped kraal, which makes use of two parallel outcrops about halfway down the western slope of a ridge. The rear wall of the kraal is a rocky outcrop while the front wall of the kraal is packed across the top of another outcrop, creating a sharp drop across the western edge of the kraal. The dimensions of the kraal are about 7 m x 4.5 m. The walls have been packed with flat slabs of rock and stand 0.5 – 1 m high. It would appear that this rock is from the outcrops. The use of immediately available stone may be the reason why this kraal appears to be differently constructed to the other structures, such as SS 07 and SS 11. The shape also suggests a different origin, possibly European and definitely historical.

SS 06 SS 06 consists of two small adjoining circular kraals. The diameters of the two kraals are about 1.9 m each. The height of the eastern wall is about 1 boulder high, whereas the western kraal wall is about 0.4 m high. The kraals are built on the top of a small ridge, next to a shallow depression. It is possible that these may be KhoeKhoe kraals, but no pottery was found that would allow a firm designation.

SS07 Located about 20 m upslope from SS 05, this kraal has a curved wall abutting the steep western slope of the ridge. The wall is made of loosely packed boulders and is mostly less than 1 m in height. The dimensions of the kraal are m x 5.5 m. It is possible that both SS 07 and SS 06 relate to the pre-European settlement of the area.

9

SS 08 This is a low wall of packed rocks, less than 2 m in length and less than 1 m in height. It was built across the end of a small outcrop, just before a dip in the ground. The function of the wall is unclear.

SS 11 This kraal is built up against a small outcrop on a hill side overlooking the river. The kraal is 18 m in length and 10 m at its greatest width. The highest portion still standing is parallel to the outcrop and is not more than 1 m high. The kraal was certainly used in historic times as metal objects were found in the vicinity.

SS 18 This point is on a dam wall, which has been constructed of dolerite rocks and cement. The low wall was built across a small stream to create a small shallow dam.

SS 19 SS19 is a severely damaged stone structure. There is a single standing section of what appears to have been a mud and stone packed wall. It lies amidst a large donga network and it is believed that the remainder of the structure has been eroded away.

GY This graveyard is situated approximately 80m south east of the farm workers houses and is related to them. All the graves face roughly east and some have headstones. Most of the graves have been covered with carefully packed stone. There are 18 graves in total, with 13 in the back row and 5 in the front row. Unfortunately there are no inscriptions on the headstones but judging from the plant growth and erosion it can be assumed that the graves range greatly in age. The graveyard is still in use today.

Anglo-Boer War structures:

SS 04 SS04 appears to be a small blockhouse of some sort. It is roughly heart shaped and is approximately 6m long and 3m wide and has a maximum height of 1.5m. It also contains three, possibly four holes, which could have been used as shooting holes. It is situated on top of a ridge overlooking a section of the Orange River.

SS 09 This is another lookout point or rough blockhouse. It is located on the edge of a ridge overlooking the river. As with the other lookout points it is a double walled construction, although oval in shape. The dimensions of the inner structure are 6.5 m x 4.3 m with a ditch ranging from 1 to 1.5 m surrounding it. A low bank around the outside of the ditch completes the structure.

10 SS 10 It is difficult to determine the function of this complicated layout of four separate walls, not more than 1 m in height. Two separate small outcrops of rock occur next to each other just below the top of a small ridge. A wall with at least two shooting holes has been built between the two outcrops (although not linking them) across the top of the ridge at an angle. A second wall has been built above one of the outcrops, parallel to it. The other two walls form a type of an enclosure making use of the two outcrops as a partial rear wall. The distinct opening between the two walls is opposite the eastern end of wall with the shooting holes. It is difficult to imagine a defensive purpose for the walls although this is suggested by the shooting holes.

SS 12 This is a circular doubled-walled structure. The inner circular wall is surrounded by a small ditch with a small bank around it. The inner circle was about 14.5 m in diameter with a 0.6 m wall around it. A small parapet increases the height of the wall on the river side of the small blockhouse.

SS 13 This lookout point is located on the crown of a small, conical-shaped hill. The 1 m high rock wall is roughly circular, with the structure having a diameter of about 2 m. The packing of the walls is rougher than for the other blockhouses and the structure does not have the surrounding ditch and bank pattern of SS 04, 09 and 12. The conical hill affords an almost 360° view of the surrounding area. Near to the lookout is a small cairn of medium-sized rocks.

GR This oval shaped pile of mostly flat stones is stacked in a circular fashion and packed with sand. Approximately 1.5 X 1.7m in size, it could possibly be a marker for a grave.

SS 14 Immediately adjacent to the afore-mentioned pile of stones (or possible grave) is the opening of a circle of stones packed in a single line.

SS 15 Inner area consists of a low wall of stones of medium size approximately .25m in height – although it might originally have been higher - roughly packed in a circle of approximately 3m in diameter (wall approximately 0.5m thick). Between the inner and outer walls is a dug-out trench of approximately 2m wide except in three evenly interspaced areas where the trench forms an extended narrow curved channel (like a tentacle) approximately 4.6m away from the inner wall (but still approximately 2m in width). The outer wall is higher than the inner wall and is approximately 1m thick and roughly constructed of bigger boulders (See photograph). See sketch for layout of the structure.

SS 16 The dimensions of the rectangular stone structure are 4.5m X 3m in size with the height approximately 0.8 – 1m (having partially collapsed it is difficult to

11 ascertain the original height). The walls are constructed of different sized rocks intermixed to form a loosely packed wall of approximately 0.75 to 1m thick.

SS 17 On the edge of the escarpment is the remnant of a crescent shaped collapsed wall. Judging from the amount of collapsed, scattered stones it seems to have been a high yet relatively narrow wall that most probably served as a lookout point. There were possibly openings in the upper half of the wall as have been found in other similar structures in the area.

5.4. Dating the findings:

The artefacts, sites and structures observed in the survey area date from the ESA to recent historic times (ie from 1 million years ago at least until the present). The least discernable layer on the landscape is that related to the LSA settlement of the area. However, this may simply be a sampling problem. The most prominent marks of human activity in the survey area, apart from those related to farming, are those of the Anglo-Boer War.

5.5. Description of recent material found:

Various isolated objects relating to the Anglo-Boer War were observed during the course of the survey.

Metal objects Various metal objects were found in the vicinity of SS 14, 15, 16 and 17. These objects indicate a turn of the 20th century British presence (possibly Anglo-Boer period). They include the remains of bully beef and condense milk tins. Other objects related to the military time period are three bullet casings observed within the perimeter of the double walled structure. These casings are of .303 British Mark II Ball Cartridges, more specifically Round-nose cupronickel jacket bullets manufactured by Birmingham Metal & Munitions Co., Birmingham, U.K. Similar finds dating to the Anglo-Boer period were found at Kimberly, Hanover Road, Ficksburg, Bloemfontein and (Bester et al ).

A few undiagnostic ceramic fragments were also observed during the survey.

5.6. Summary of findings:

The archaeological material and sites recorded during the survey fall into three categories. These are stone age artefacts, general historical farming structures and the Anglo-Boer War defensive blockhouse and lookout point network.

The Stone Age artefacts and sites component seems to be distributed on and at the base of the ridges bordering on the Orange River. Very few actual sites were recorded and isolated artefacts are found over most of the area. None of the surface artefacts were in primary context and it is debatable how many of the scatters represent actual human activity areas and how many are the result of post-depositional processes.

12 The historic farming component is represented by stone kraals and various other walls packed on the landscape. The kraals are often located on hillsides to make use of the natural topography. The two more robust walls were both located in the lower-lying areas of the survey area.

The Anglo-Boer war component is defensive and monitoring in nature. A series of blockhouses and lookout points were observed. These were part of the defences along the Orange River between the Free State Republic and the Cape Colony.

6. Statement of Significance (Heritage Value)

The area is of significance in terms of its potential to yield information that will contribute to an understanding of South Africa’s cultural heritage as described in NHRA, section 3 (3) (Table 1). In particular this area has examples of the line of defences that were erected along the border between the Cape Colony and the Free State Republic during the Anglo-Boer War.

Table 1: National Heritage Resources Act no. 25 of 1999, Section 3 (3). (3)Without limiting the generality of subsections (1) and (2), a place or object is to be considered part of the national estate if it has cultural significance or other special value because of— (a) its importance in the community, or pattern of South Africa’s history; (b) its possession of uncommon, rare or endangered aspects of South Africa’s natural or cultural heritage; (c) its potential to yield information that will contribute to an understanding of South Africa’s natural or cultural heritage; (d) its importance in demonstrating the principal characteristics of a particular class of South Africa’s natural or cultural places or objects; (e) its importance in exhibiting particular aesthetic characteristics valued by a community or cultural group; (f) its importance in demonstrating a high degree of creative or technical achievement at a particular period; (g) its strong or special association with a particular community or cultural group for social, cultural or spiritual reasons; (h) its strong or special association with the life or work of a person, group or organisation of importance in the history of South Africa; and (i) sites of significance relating to the history of slavery in South Africa.

6.1. Field Rating

The field rating of the area would be Generally Protected A, B and C depending on which category of material is being considered (See Table 2).

Table 2: Field rating and recommended grading of sites (SAHRA 2005) Level Details Action National (Grade I) The site is considered to be of Nominated to be declared by National Significance SAHRA Provincial (Grade II) This site is considered to be of Nominated to be declared by Provincial significance Provincial Heritage Authority Local Grade IIIA This site is considered to be of The site should be retained as HIGH significance locally a heritage site Local Grade IIIB This site is considered to be of The site should be mitigated,

13 HIGH significance locally and part retained as a heritage site Generally Protected A High to medium significance Mitigation necessary before destruction Generally Protected B Medium significance The site needs to be recorded before destruction Generally Protected C Low significance No further recording is required before destruction

The three components can be rated as follows (Table 3):

Table 3: Field rating of sites Generally Protected A Anglo-Boer War blockhouses Mitigation necessary before and lookout points. The destruction Graveyard, GY. Generally Protected B Stone Age sites: HSAS 01 and The site needs to be recorded HSAS 02 before destruction Generally Protected C All other Stone Age sites and all No further recording is required other historical sites before destruction

The Anglo-Boer War sites would need to be mitigated should there be any necessity to destroy these sites. A permit would be required for the destruction. This permit may or may not be granted.

7. Recommendations

Cultural Heritage sites are fragile and can easily be destroyed if sufficient care is not taken during any development of activity in their vicinity. However, the presence of cultural heritage sites does not necessarily mean that no further development can take place. Sites can be mitigated under permit and then destroyed, should they not be deemed worthy of conservation.

In the case of the cultural heritage sites and material recorded during this survey, the following recommendations are made:

1. that during the prospecting phase all stone-walled structures be avoided. Most of the structures are on the side slopes or tops of ridges. It is unlikely therefore that they will be affected by the drilling. If drilling was undertaken nearby, none of the structures are so large that a shift of a few metres from the structure is impossible. 2. that should pitting take place in the vicinity of HSAS 01 and HSAS 02, the sites should first be recorded in detail. Drilling will not have any noticeable affect on the sites, but pitting will. 3. that no drilling or pitting should take place within the vicinity of the graveyard. This should be regarded as a no-go area.

14 8. Risk preventative measures associated with construction

The following measures should be taken:

Should any drilling or pitting take place close to any of the stone walls identified during the survey, these walls should be cordoned off, so that no accidental damage takes place.

Only archaeological materials occurring on the surface were noted during the survey. Drilling and pitting are subsurface activities, and it should be kept in mind that these activities could then uncover buried sites, and particularly human burials. Should any material be uncovered, work should cease immediately, SAHRA should be notified and an archaeologist requested to come out to site. Should mitigation need to take place, this would need to be completed before any further work continues at that particular point.

Permits are required to demolish structures older than 60 years and military structures older than 75 years. They are also required to destroy archaeological sites and remove graves. Permits would have to be obtained if any of these activities need to be undertaken.

9. References

Bester, R and Associates. 2003. Small Arms of the Anglo-Boer War. 1899 - 1902. Kraal Publishers, Brandfort.

Coetzee, J.A. 1967. Pollen analytical studies in East and Southern Africa. Palaeoecology of Africa and the surrounding islands and Antarctica. Vol. 3.

Drennan, M.R. n.d. Gogga Brown. Cape Town: Maskew Miller Ltd.

Le Roux, J.G., Niemandt, J.J., Olivier, M & Olivier, R. 2008. Distrik Albert, Deel 28. Bweaarders van ons Erfenis. Stellenbosch: GISA

MacFarlane, D.R. 1945. The Orange River high level gravels at Aliwal North in relation to crustal movement and the Stone Age. South African Journal of Science 41:415 – 428.

Mitchell, P. 2002. The Archaeology of Southern Africa. Cambridge: Cambridge University Press.

Oosthuizen, A.V. 1994. Rebelle van die Stormberge: Tweede Vryheidsoorlog 1899 - 1902. J.P. van der Walt, Pretoria

SAHRA, 2005. Minimum Standards For The Archaeological And The Palaeontological Components Of Impact Assessment Reports, Draft version 1.4.

Sampson, C. G. 1967. The Archaeological Survey of the Orange River Scheme. South African Journal of Science 63(5): 169-175.

15

Sampson C.G. 1972. The Stone Age Industries of the Orange River Scheme and South Africa. Memoir of the National Museum no. 6.

Sampson, C.G. 1996. Spatial organisation of Later Stone Age herders in the upper Karoo, In Pwiti, G. & Soper, R. (eds) Aspects of African Archaeology. :317-326. Harare: University of Zimbabwe Press.

Web references http://www.angloboerwar.com/Other/blockhouses.htm, accessed 8 July 2008 http://www.melrosehouse.co.za/boer_war/war2.htm, accessed 8 July 2008 http://www.angloboerwar.com, accessed 8 July 2008

Personal communication: Mr Koos Snyman, owner Akermans Kraal no. 11, 3 July 2008.

Terms used

B.P.: Before Present. This is a term used in dating archaeological sites, and refers to the number of years before 1950.

Later Stone Age: this is an archaeological term used to refer to a time period dating to between 25 000 years ago and the historic past.

Middle Stone Age: this is an archaeological term used to refer to a time period dating to between 250 000 and 25 000 years ago.

NHRA: National Heritage Resources Act no. 25 of 1999 and associated regulations (2000).

NEMA: National Environmental Management Act no. 107 of 1998 and associated regulations (2006).

SAHRA: South African Heritage Resources Agency.

16 APPENDIX 1: EXTRACTS FROM THE NATIONAL HERITAGE RESOURCES ACT, No 25 of 1999

ACT To introduce an integrated and interactive system for the management of the national heritage resources; to promote good government at all levels, and empower civil society to nurture and conserve their heritage resources so that they may be bequeathed to future generations; to lay down general principles for governing heritage resources management throughout the Republic; to introduce an integrated system for the identification, assessment and management of the heritage resources of South Africa; to establish the South African Heritage Resources Agency together with its Council to co- ordinate and promote the management of heritage resources at national level; to set norms and maintain essential national standards for the management of heritage resources in the Republic and to protect heritage resources of national significance; to control the export of nationally significant heritage objects and the import into the Republic of cultural property illegally exported from foreign countries; to enable the provinces to establish heritage authorities which must adopt powers to protect and manage certain categories of heritage resources; to provide for the protection and management of conservation-worthy places and areas by local authorities; and to provide for matters connected therewith.

PREAMBLE This legislation aims to promote good management of the national estate, and to enable and encourage communities to nurture and conserve their legacy so that it may be bequeathed to future generations. Our heritage is unique and precious and it cannot be renewed. It helps us to define our cultural identity and therefore lies at the heart of our spiritual well-being and has the power to build our nation. It has the potential to affirm our diverse cultures, and in so doing shape our national character. Our heritage celebrates our achievements and contributes to redressing past inequities. It educates, it deepens our understanding of society and encourages us to empathise with the experience of others. It facilitates healing and material and symbolic restitution and it promotes new and previously neglected research into our rich oral traditions and customs.

Definitions 2. In this Act, unless the context requires otherwise— (i) ‘‘alter’’ means any action affecting the structure, appearance or physical properties of a place or object, whether by way of structural or other works, by painting, plastering or other decoration or any other means; (ii) ‘‘archaeological’’ means— (a) material remains resulting from human activity which are in a state of disuse and are in or on land and which are older than 100 years, including artefacts, human and hominid remains and artificial features and structures; (b) rock art, being any form of painting, engraving or other graphic representation on a fixed rock surface or loose rock or stone, which was executed by human agency and which is older than 100 years, including any area within 10m of such representation; (c) wrecks, being any vessel or aircraft, or any part thereof, which was wrecked in South Africa, whether on land, in the internal waters, the territorial waters or in the maritime culture zone of the Republic, as defined respectively in sections 3, 4 and 6 of the Maritime Zones Act, 1994 (Act No. 15 of 1994), and any cargo, debris or artefacts found or associated therewith, which is older than 60 years or which SAHRA considers to be worthy of conservation; and (d) features, structures and artefacts associated with military history which are older than 75 years and the sites on which they are found; (iii) ‘‘conservation’’, in relation to heritage resources, includes protection, maintenance, preservation and sustainable use of places or objects so as to safeguard their cultural significance; (iv) ‘‘Council’’ means the Council of the South African Heritage Resources Agency established in terms of section 14; (v) ‘‘cultural property agreement’’ in relation to a foreign state, means an agreement between South Africa and a foreign state or an international agreement to which South Africa and a

17 foreign state are both parties, relating to the prevention of illicit international traffic in cultural property; (vi) ‘‘cultural significance’’ means aesthetic, architectural, historical, scientific, social, spiritual, linguistic or technological value or significance; (vii) ‘‘Department’’ means the national department responsible for arts and culture and heritage; (viii) ‘‘development’’ means any physical intervention, excavation, or action, other than those caused by natural forces, which may in the opinion of a heritage authority in any way result in a change to the nature, appearance or physical nature of a place, or influence its stability and future well-being, including— (a) construction, alteration, demolition, removal or change of use of a place or a structure at a place; (b) carrying out any works on or over or under a place; (c) subdivision or consolidation of land comprising, a place, including the structures or airspace of a place; (d) constructing or putting up for display signs or hoardings; (e) any change to the natural or existing condition or topography of land; and (f) any removal or destruction of trees, or removal of vegetation or topsoil; (ix) ‘‘Director-General’’ means the Director-General of the Department; (x) ‘‘expropriate’’ means the process as determined by the terms of and according to procedures prescribed in the Expropriation Act, 1975 (Act No. 63 of 1975); (xi) ‘‘foreign cultural property’’, in relation to a reciprocating state, means any object that is specifically designated by that state as being of importance for archaeology, history, literature, art or science; (xii) ‘‘Gazette’’ means the Government Gazette; (xiii) ‘‘grave’’ means a place of interment and includes the contents, headstone or other marker of such a place, and any other structure on or associated with such place; (xiv) ‘‘heritage agreement’’ means an agreement referred to in section 42; (xv) ‘‘heritage register’’ means a list of heritage resources in a province; (xvi) ‘‘heritage resource’’ means any place or object of cultural significance; (xvii) ‘‘heritage resources authority’’ means the South African Heritage Resources Agency, established in terms of section 11, or, insofar as this Act is applicable in or in respect of a province, a provincial heritage resources authority; (xviii) ‘‘heritage site’’ means a place declared to be a national heritage site by SAHRA or a place declared to be a provincial heritage site by a provincial heritage resources authority; (xix) ‘‘improvement’’, in relation to heritage resources, includes the repair, restoration and rehabilitation of a place protected in terms of this Act; (xx) ‘‘land’’ includes land covered by water and the air space above the land; (xxi) ‘‘living heritage’’ means the intangible aspects of inherited culture, and may include— (a) cultural tradition; (b) oral history; (c) performance; (d) ritual; (e) popular memory; (f) skills and techniques; (g) indigenous knowledge systems; and (h) the holistic approach to nature, society and social relationships; (xxii) ‘‘local authority’’ means a municipality as defined in section 10B of the Local Government Transition Act, 1993 (Act No. 209 of 1993); (xxiii) ‘‘management’’, in relation to heritage resources, includes the conservation, presentation and improvement of a place protected in terms of this Act; (xxiv) ‘‘MEC’’, unless otherwise stated and insofar as a provision of this Act is applicable in or in respect of a province, means the member of the executive council of a province responsible for cultural matters; (xxv) ‘‘meteorite’’ means any naturally-occurring object of extraterrestrial origin; (xxvi) ‘‘Minister’’ means the Minister responsible for arts and culture; (xxvii) ‘‘national estate’’ means the national estate as defined in section 3; (xxviii) ‘‘national symbols’’ means any heraldic representation so determined under section 5 of the Heraldry Act, 1963 (Act No. 18 of 1963); (xxix) ‘‘object’’ means any movable property of cultural significance which may be protected in terms of any provisions of this Act, including—

18 (a) any archaeological artefact; (b) palaeontological and rare geological specimens; (c) meteorites; and (d) other objects referred to in section 3; (xxx) ‘‘owner’’ includes the owner’s authorised agent and any person with a real interest in the property and— (a) in the case of a place owned by the State or State-aided institutions, the Minister or any other person or body of persons responsible for the care, management or control of that place; (b) in the case of tribal trust land, the recognised traditional authority; (xxxi) ‘‘palaeontological’’ means any fossilised remains or fossil trace of animals or plants which lived in the geological past, other than fossil fuels or fossiliferous rock intended for industrial use, and any site which contains such fossilised remains or trace; (xxxii) ‘‘place’’ includes— (a) a site, area or region; (b) a building or other structure which may include equipment, furniture, fittings and articles associated with or connected with such building or other structure; (c) a group of buildings or other structures which may include equipment, furniture, fittings and articles associated with or connected with such group of buildings or other structures; (d) an open space, including a public square, street or park; and (e) in relation to the management of a place, includes the immediate surroundings of a place; (xxxiii) ‘‘planning’’ means urban and regional planning, as contemplated in the Physical Planning Act, 1991 (Act No. 125 of 1991), and provincial town planning and land use planning legislation; (xxxiv) ‘‘planning authority’’ means an office of the State, including a province, a local authority or a regional authority, which is invested with a physical planning capacity; (xxxv) ‘‘prescribe’’ means prescribed by regulation; (xxxvi) ‘‘presentation’’ includes— (a) the exhibition or display of; (b) the provision of access and guidance to; (c) the provision, publication or display of information in relation to; and (d) performances or oral presentations related to heritage resources protected in terms of this Act; (xxxvii) ‘‘provincial heritage resources authority’’, insofar as this Act is applicable in a province, means an authority established by the MEC under section 23; (xxxviii) ‘‘public monuments and memorials’’ means all monuments and memorials— (a) erected on land belonging to any branch of central, provincial or local government, or on land belonging to any organisation funded by or established in terms of the legislation of such a branch of government; or (b) which were paid for by public subscription, government funds, or a public-spirited or military organisation, and are on land belonging to any private individual; (xxxix) ‘‘reciprocating state’’ means a foreign state that is party to a cultural property agreement; (xl) ‘‘regulations’’ means regulations made under this Act; (xil) ‘‘SAHRA’’ means the South African Heritage Resources Agency, established in terms of section 11; (xiil) ‘‘site’’ means any area of land, including land covered by water, and including any structures or objects thereon; (xiiil) ‘‘State’’ includes a province; (xivl) ‘‘structure’’ means any building, works, device or other facility made by people and which is fixed to land, and includes any fixtures, fittings and equipment associated therewith; (xvl) ‘‘supported body’’ means a body funded or financially supported by the State, and includes State-owned enterprises; (xvil) ‘‘this Act’’ includes the regulations; (xviil) ‘‘victims of conflict’’ means— (a) certain persons who died in any area now included in the Republic as a direct result of any war or conflict as specified in the regulations, but excluding victims of conflict covered by the Commonwealth War Graves Act, 1992 (Act No. 8 of 1992); (b) members of the forces of Great Britain and the former British Empire who died in active service in any area now included in the Republic prior to 4 August 1914;

19 (c) persons who, during the Anglo-Boer War (1899-1902) were removed as prisoners of war from any place now included in the Republic to any place outside South Africa and who died there; and (d) certain categories of persons who died in the ‘‘liberation struggle’’ as defined in the regulations, and in areas included in the Republic as well as outside the Republic; (xviiil) ‘‘wreck’’ has the meaning given under the definition of ‘‘archaeological’’ in this section.

CHAPTER I

SYSTEM FOR MANAGEMENT OF NATIONAL HERITAGE RESOURCES

Part 1: General Principles

National estate 3. (1) For the purposes of this Act, those heritage resources of South Africa which are of cultural significance or other special value for the present community and for future generations must be considered part of the national estate and fall within the sphere of operations of heritage resources authorities. (2) Without limiting the generality of subsection (1), the national estate may include— (a) places, buildings, structures and equipment of cultural significance; (b) places to which oral traditions are attached or which are associated with living heritage; (c) historical settlements and townscapes; (d) landscapes and natural features of cultural significance; (e) geological sites of scientific or cultural importance; (f) archaeological and palaeontological sites; (g) graves and burial grounds, including— (i) ancestral graves; (ii) royal graves and graves of traditional leaders; (iii) graves of victims of conflict; (iv) graves of individuals designated by the Minister by notice in the Gazette; (v) historical graves and cemeteries; and (vi) other human remains which are not covered in terms of the Human Tissue Act, 1983 (Act No. 65 of 1983); (h) sites of significance relating to the history of slavery in South Africa; (i) movable objects, including— (i) objects recovered from the soil or waters of South Africa, including archaeological and palaeontological objects and material, meteorites and rare geological specimens; (ii) objects to which oral traditions are attached or which are associated with living heritage; (iii) ethnographic art and objects; (iv) military objects; (v) objects of decorative or fine art; (vi) objects of scientific or technological interest; and (vii) books, records, documents, photographic positives and negatives, graphic, film or video material or sound recordings, excluding those that are public records as defined in section 1(xiv) of the National Archives of South Africa Act, 1996 (Act No. 43 of 1996). (3)Without limiting the generality of subsections (1) and (2), a place or object is to be considered part of the national estate if it has cultural significance or other special value because of— (a) its importance in the community, or pattern of South Africa’s history; (b) its possession of uncommon, rare or endangered aspects of South Africa’s natural or cultural heritage; (c) its potential to yield information that will contribute to an understanding of South Africa’s natural or cultural heritage; (d) its importance in demonstrating the principal characteristics of a particular class of South Africa’s natural or cultural places or objects; (e) its importance in exhibiting particular aesthetic characteristics valued by a community or cultural group; (f) its importance in demonstrating a high degree of creative or technical achievement at a particular period;

20 (g) its strong or special association with a particular community or cultural group for social, cultural or spiritual reasons; (h) its strong or special association with the life or work of a person, group or organisation of importance in the history of South Africa; and (i) sites of significance relating to the history of slavery in South Africa.

Heritage assessment criteria and grading 7. (1) SAHRA, in consultation with the Minister and the MEC of every province, must by regulation establish a system of grading of places and objects which form part of the national estate, and which distinguishes between at least the categories— (a) Grade I: Heritage resources with qualities so exceptional that they are of special national significance; (b) Grade II: Heritage resources which, although forming part of the national estate, can be considered to have special qualities which make them significant within the context of a province or a region; and (c) Grade III: Other heritage resources worthy of conservation, and which prescribes heritage resources assessment criteria, consistent with the criteria set out in section 3(3), which must be used by a heritage resources authority or a local authority to assess the intrinsic, comparative and contextual significance of a heritage resource and the relative benefits and costs of its protection, so that the appropriate level of grading of the resource and the consequent responsibility for its management may be allocated in terms of section 8. (2) A heritage resources authority may prescribe detailed heritage assessment criteria, consistent with the criteria set out in section 3(3), for the assessment of Grade II and Grade III heritage resources in a province.

Part 2: General protections

Structures 34. (1) No person may alter or demolish any structure or part of a structure which is older than 60 years without a permit issued by the relevant provincial heritage resources authority. (2)Within three months of the refusal of the provincial heritage resources authority to issue a permit, consideration must be given to the protection of the place concerned in terms of one of the formal designations provided for in Part 1 of this Chapter. (3) The provincial heritage resources authority may at its discretion, by notice in the Provincial Gazette, make an exemption from the requirements of subsection (1) within a defined geographical area, or for certain defined categories of site within a defined geographical area, provided that it is satisfied that heritage resources falling into the defined area or category have been identified and are adequately provided for in terms of the provisions of Part 1 of this Chapter. (4) Should the provincial heritage resources authority believe it to be necessary it may, following a three-month notice period published in the Provincial Gazette, withdraw or amend a notice under subsection (3).

Archaeology, palaeontology and meteorites 35. (1) Subject to the provisions of section 8, the protection of archaeological and palaeontological sites and material and meteorites is the responsibility of a provincial heritage resources authority: Provided that the protection of any wreck in the territorial waters and the maritime cultural zone shall be the responsibility of SAHRA. (2) Subject to the provisions of subsection (8)(a), all archaeological objects, palaeontological material and meteorites are the property of the State. The responsible heritage authority must, on behalf of the State, at its discretion ensure that such objects are lodged with a museum or other public institution that has a collection policy acceptable to the heritage resources authority and may in so doing establish such terms and conditions as it sees fit for the conservation of such objects. (3) Any person who discovers archaeological or palaeontological objects or material or a meteorite in the course of development or agricultural activity must immediately report the find to the responsible heritage resources authority, or to the nearest local authority offices or museum, which must immediately notify such heritage resources authority. (4) No person may, without a permit issued by the responsible heritage resources authority—

21 (a) destroy, damage, excavate, alter, deface or otherwise disturb any archaeological or palaeontological site or any meteorite; (b) destroy, damage, excavate, remove from its original position, collect or own any archaeological or palaeontological material or object or any meteorite; (c) trade in, sell for private gain, export or attempt to export from the Republic any category of archaeological or palaeontological material or object, or any meteorite; or (d) bring onto or use at an archaeological or palaeontological site any excavation equipment or any equipment which assist in the detection or recovery of metals or archaeological and palaeontological material or objects, or use such equipment for the recovery of meteorites. (5) When the responsible heritage resources authority has reasonable cause to believe that any activity or development which will destroy, damage or alter any archaeological or palaeontological site is under way, and where no application for a permit has been submitted and no heritage resources management procedure in terms of section 38 has been followed, it may— (a) serve on the owner or occupier of the site or on the person undertaking such development an order for the development to cease immediately for such period as is specified in the order; (b) carry out an investigation for the purpose of obtaining information on whether or not an archaeological or palaeontological site exists and whether mitigation is necessary; (c) if mitigation is deemed by the heritage resources authority to be necessary, assist the person on whom the order has been served under paragraph (a) to apply for a permit as required in subsection (4); and (d) recover the costs of such investigation from the owner or occupier of the land on which it is believed an archaeological or palaeontological site is located or from the person proposing to undertake the development if no application for a permit is received within two weeks of the order being served. (6) The responsible heritage resources authority may, after consultation with the owner of the land on which an archaeological or palaeontological site or a meteorite is situated, serve a notice on the owner or any other controlling authority, to prevent activities within a specified distance from such site or meteorite.

Burial grounds and graves 36. (1) Where it is not the responsibility of any other authority, SAHRA must conserve and generally care for burial grounds and graves protected in terms of this section, and it may make such arrangements for their conservation as it sees fit. (3) (a) No person may, without a permit issued by SAHRA or a provincial heritage resources authority— (a) destroy, damage, alter, exhume or remove from its original position or otherwise disturb the grave of a victim of conflict, or any burial ground or part thereof which contains such graves; (b) destroy, damage, alter, exhume, remove from its original position or otherwise disturb any grave or burial ground older than 60 years which is situated outside a formal cemetery administered by a local authority; or (c) bring onto or use at a burial ground or grave referred to in paragraph (a) or (b) any excavation equipment, or any equipment which assists in the detection or recovery of metals. (4) SAHRA or a provincial heritage resources authority may not issue a permit for the destruction or damage of any burial ground or grave referred to in subsection (3)(a) unless it is satisfied that the applicant has made satisfactory arrangements for the exhumation and re- interment of the contents of such graves, at the cost of the applicant and in accordance with any regulations made by the responsible heritage resources authority. (5) SAHRA or a provincial heritage resources authority may not issue a permit for any activity under subsection (3)(b) unless it is satisfied that the applicant has, in accordance with regulations made by the responsible heritage resources authority— (a) made a concerted effort to contact and consult communities and individuals who by tradition have an interest in such grave or burial ground; and (b) reached agreements with such communities and individuals regarding the future of such grave or burial ground. (6) Subject to the provision of any other law, any person who in the course of development or any other activity discovers the location of a grave, the existence of which was previously unknown, must immediately cease such activity and report the discovery to the responsible heritage resources authority which must, in co-operation with the South African Police Service and in accordance with regulations of the responsible heritage resources authority—

22 (a) carry out an investigation for the purpose of obtaining information on whether or not such grave is protected in terms of this Act or is of significance to any community; and (b) if such grave is protected or is of significance, assist any person who or community which is a direct descendant to make arrangements for the exhumation and re-interment of the contents of such grave or, in the absence of such person or community, make any such arrangements as it deems fit.

Public monuments and memorials 37. Public monuments and memorials must, without the need to publish a notice to this effect, be protected in the same manner as places which are entered in a heritage register referred to in section 30.

Heritage resources management 38. (1) Subject to the provisions of subsections (7), (8) and (9), any person who intends to undertake a development categorised as— (a) the construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300m in length; (b) the construction of a bridge or similar structure exceeding 50 m in length; (c) any development or other activity which will change the character of a site— (i) exceeding 5 000 m2 in extent; or (ii) involving three or more existing erven or subdivisions thereof; or (iii) involving three or more erven or divisions thereof which have been consolidated within the past five years; or (iv) the costs of which will exceed a sum set in terms of regulations by SAHRA or a provincial heritage resources authority; (d) the re-zoning of a site exceeding 10 000 m2 in extent; or (e) any other category of development provided for in regulations by SAHRA or a provincial heritage resources authority, must at the very earliest stages of initiating such a development, notify the responsible heritage resources authority and furnish it with details regarding the location, nature and extent of the proposed development. (8) The provisions of this section do not apply to a development as described in subsection (1) if an evaluation of the impact of such development on heritage resources is required in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989), or the integrated environmental management guidelines issued by the Department of Environment Affairs and Tourism, or the Minerals Act, 1991 (Act No. 50 of 1991), or any other legislation: Provided that the consenting authority must ensure that the evaluation fulfils the requirements of the relevant heritage resources authority in terms of subsection (3), and any comments and recommendations of the relevant heritage resources authority with regard to such development have been taken into account prior to the granting of the consent.

23 Photographs:

Photo 1: General view of western section of surveyed area with donga system in background

Photo 2: General view of central section of surveyed area with hills and fields Photo 3: Terraces in southern central area of surveyed area

Photo 4: Southern section of surveyed area with cultivated fields in front and farm buildings in the backdrop

Photo 5: Donga in west of surveyed area showing no visible sign of sub service artefacts

Photo 6: Donga in central area of surveyed section showing no visible sign of sub service artefacts

Photo 7: Excavated area in south of surveyed section showing some stratigraphy but no visible sign of sub service artefacts

Photo 8: Excavated area in south of surveyed section showing some stratigraphy but no visible sign of sub service artefacts

Photo 9: Riverbank deposits showing no visible sign of sub service artefacts

Photo 10: Riverbank consisting of rock

Photo 11: Sand mining activity

Photo 12: Sand mining activity

Photo 23: SS 04 - Look out point/ Sangar (Skans)

Loop holes

Photo 24: SS 04 – Close up of Blockhouse with loop holes

Photo 25: SS 05 - Rectangular stone kraal

Photo 26: SS 06 – One of the two small circular structures

Loop holes

Photo 27: SS 10 – Close up of look out point/ Sangar (Skans) with Loop holes

SS 10

SS 04

Photo 28: SS 10 – Line of sight from look out point/ Sangar (Skans) SS 04 to look out point/ Sangar (Skans) SS 10

Photo 13: MSAS 01: Artefacts are circled in red

Photo 14: MSAS 08: Artefacts are circled in red

Photo 15: Distribution of part of HSAS 01

Photo 16: HSAS 01: pebbles and artefacts intermixed

Photo 17 : ESA chopper

Photo 18: ESA flaked cobble

Photo 19 : HAS 03 artefact selection – note cortex on dorsal sides

Photo 20: ISA 03: Middle Stone Age and general flakes

Photo 21: SS 01 - Cement wall

Photo 22 : SS 03 - Stone wall

Photo 23: SS 04 - Look out point/ Sangar (Skans

Photo 24 : SS 04 – Close up of Blockhouse with loop holes

Photo 29: SS 12 - Blockhouse

Photo 30: SS 13 - Look out point/ Sangar (Skans)999 Photo 31: SS 13 – Look-out Point / Sangar (Skans)

Photo 32: SS 13 – View of cairn next to look out point

Photo 33: SS 15 – remains of an old block house

SS 15 : Basic lay-out of blockhouse

Photo 34: SS 16: Western wall of rectangular stone structure

Photo 35 - SS 17 : Lookout point / Sangar (Skans) Photo 36: SS 18 – Dam wall

Photo 37: Upper and lower grinding stones OR Laundry slab and washing Stone

Photo 38: Side view of lower grinding stone OR laundry slab

Photo 39: Example of a blockhouse – corrugated iron and pole structure on raised podium

Photo 40: Example of blockhouse – note trench around blockhouse as well as small size of blockhouse itself.

Photo 41: Example of blockhouse – sandbags and pebbles – note trench