Press release
5 December 2024
Today marks 11 years since the passing of Nelson Mandela. As we reflect on Madiba’s life as well as the many lessons that can be drawn from it, we remain committed and inspired to play our part in realising a more just South African society.
Madiba was someone who did not shy away from the difficult work he needed to do in the pursuit of a better life for the people of South Africa. We need to bear this in mind and be cognisant of the fact that if we do not actively and consciously work towards changing our trajectory as a country, it means that we believe that our current path is preferable compared to any alternative future. We believe that we can do better and that we must do better.
South Africa remains haunted by the continued legacy of land dispossession. Against this backdrop, the Nelson Mandela Foundation will be launching an application out of the Western Cape High Court to challenge the State on its failure to comply with Section 25(5) of the Constitution of the Republic of South Africa, which deals with equitable access to land: “The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis”.
The Foundation seeks an order inter alia:
a) declaring that the State has failed to discharge, diligently and without delay, its obligation under section 25(5) of the Constitution;
b) directing the State to:
- ensure the enactment, within 18 months, of national legislation that addresses at least the following issues: the definition of “equitable access” to land; how land is to be identified and acquired; how beneficiaries are to be selected and supported; multiple land uses; and integration with other elements of land reform;
- report to the Court every three months regarding the steps taken to pass such legislation.
The Nelson Mandela Foundation considers the realisation of the right to equitable access to land, and more broadly the advancement of land reform, as unfinished business in relation to the legacy of Madiba. Realities have changed in the quarter of a century since he stepped down as President of our country, and the avenues available for equitable access have shifted. However, the issue remains of fundamental importance and one that can help us tackle inequity at the same time as contributing to a continuation of Madiba’s 1990s nation-building project.
While discussions on land are emotive and can be polarising, this should not dissuade us from addressing the issue. We also challenge the prevailing myth that land reform, particularly land redistribution, can spur instability. In a country with such alarming levels of racialised poverty and inequality, land reform can in fact be a powerful tool for achieving economic justice as well as building social cohesion. It is intolerable that we live in a society in which the benefits and burdens are not equally shared - with a small number of people enjoying the benefits while the majority carry the burdens. Realising Section 25(5) of the Constitution can help us correct this injustice.
Our current condition as a country cannot be divorced from our painful history of colonialism and apartheid. As such, we are not a society that merely suffers from poverty and inequality but, rather, we are one in which some sections of society historically have actively caused harm to others. Having a reconciliatory outlook should not hinder us from addressing historic and ongoing harms that arise from our past. Our collective upliftment must take precedence over individual and sectional privilege, and we must uphold justice, even when that means acting against elites and our own material interests.
The Foundation’s approach has always been to work collaboratively with structures of the state as well as government as far as possible, and we remain committed to this approach. Our legal challenge is about acting in the public interest and enabling both the state and government to fulfil their constitutional obligations. Through various reviews and inquiries, the state has already recognised that existing legislation does not fulfil the requirements of Section 25(5) of the Constitution. It is time to turn recognition into action. That is what Madiba’s legacy demands that we do.