A dark cloud or the promise of rain: Section 25 and the fate of land restitution in South Africa

Author: Ross Booth
Third year LLB student, University of KwaZulu-Natal

In recent years, there have been growing calls for land reformation and a fairer distribution of property in South Africa. Many have called for what is known as the expropriation of land without compensation, while others view this as an extremely dangerous and radical procedure. Despite the differences of opinion, we are currently observing what could become one of the most significant changes to land reform in the history of SA’s democracy. Seemingly given the backseat in light of our current struggle against the COVID-19 pandemic, an amendment to section 25 of our Constitution is on the cards and could result in a variety of changes to the current state of land restitution.

As it stands, section 25 is a far-reaching provision of the Constitution that deals with security of tenure, property rights, and restitution for those previously discriminated against under colonial and Apartheid land practices. Section 25(1) begins by offering some assurance to property owners by stating:

“No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.”

Read the rest of this entry »