Land

Land can be characterised as a marker for the extent to which freedom and justice have not been achieved in South Africa and an incomplete promise of the Constitution. In the absence of achieving meaningful land rights for the citizens of this country, we can never truly be a constitutional democracy.

We believe that continuing on our current trajectory as a country would mean that we believe that this path is morally preferable compared to any alternative future. We believe that we can do better, and it is our responsibility to do so. We commit to doing work that contributes to a society of Madiba’s dreams and, ultimately, a society anchored in justice and equity, fostering a prosperous people.

Against this backdrop, the Nelson Mandela Foundation has been engaging on critical issues related to land reform for several years. We have produced publications and thought pieces as well as hosted public and closed dialogues.

The following approaches are used in relation to this area of work:

Litigation - Supporting key cases which can advance land reform, in particular land redistribution.
Policy advocacy - Advocating national policy that enables the achievement of more just cities in relation to land redistribution, housing and other identified issues.
Convening dialogues – This encompasses bringing people together to explore ideas and share knowledge.

Land Justice Case Updates

Background

On 5 December 2024, marking 11 years since the passing of Nelson Rolihlahla Mandela, the Nelson Mandela Foundation launched an application in the Western Cape High Court. The case challenges the state’s failure to pass legislation to facilitate equitable access to land, as required by section 25(5) of the Constitution.

Section 25(5) of the Constitution states:
“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.”

On a monthly basis, the foundation provides stakeholders and the public with ongoing information about developments in the case, key moments in the litigation process, and broader reflections on the struggle for land justice in South Africa.

Case Updates