Nelson Mandela Foundation files motion to compel government on land reform

The Nelson Mandela Foundation (NMF) has given government an ultimatum to answer the country’s land question.

The foundation filed a motion in court on 5 November against four respondents central to parliament’s work on land reform.

The notice accuses the government of not correctly applying Section 25(5) of the Constitution, which aims to promote land equality.  

More precise definitions wanted

The section stipulates, “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 motion was filed on the 11^th anniversary of Madiba’s death, and NMF believes the father of the nation’s spirit must be harnessed to take the difficult steps required to bridge the gap in land ownership.  

The four respondents are the Speaker of the National Assembly, President Cyril Ramaphosa, the minister of Land Reform and Rural Development and the chairperson of the National Council of Provinces.

“South Africa remains haunted by the continued legacy of land dispossession. Against this backdrop, the NMF will be launching an application out of the Western Cape High Court to challenge the state on its failure,” the motion reads.

The foundation is demanding the government remedy their issue, specifically asking for a definition of the phrase “equitable access” to land.

Additionally, they want a ruling in the selection of beneficiaries, an identification of land to be acquired and the uses of said land.

Land for all South Africans

To monitor progress, they are requesting a quarterly update on the work being done to realise these demands.

“While discussions on land are emotive and can be polarising, this should not dissuade us from addressing the issue,” NMF stated

“Land reform can in fact be a powerful tool for achieving economic justice as well as building social cohesion,” it further argued.

The founding affidavit outlining the historical crux of the NMF’s claims was written by Professor Mbongiseni Buthelezi.

Point 36 of the founding affidavit cites the Freedom Charter Revolutionary Programme, quoting a section that inspired the ‘South Africa belongs to all who live in it’ line in the nation’s constitution.

“Restrictions of land ownership on a racial basis shall be ended and all land shall be open to ownership and use to all people, irrespective of race,” the final line of said point reads.

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