View Archived Content

PUBLIC LAND IS A CONSTITUTIONAL INSTRUMENT, NOT A BALANCE-SHEET ENTRY

The Constitutional Court’s Tafelberg judgment confirms that well-located public land cannot be treated merely as a commercial asset when it can help reverse apartheid’s spatial legacy. Where affordable housing is built matters, because access to employment, transport, education and essential services forms part of meaningful access to adequate housing. Municipalities and provinces must therefore manage and dispose of public land transparently, with genuine public participation and proper regard for its constitutional value.

Read More »

SECURING THE FOUNDATION OF PROSPERITY: WHY SOUTH AFRICA MUST EXPAND, NOT ABOLISH, PROPERTY RIGHTS

Three decades after South Africa’s transition to a non-racial democracy, the country’s unresolved land question remains one of its most volatile political and economic fault lines. Recently, calls to abolish private land ownership have resurfaced with renewed vigor. Promoted by political figures such as Mzwanele “Jimmy” Manyi and the uMkhonto weSizwe Party (MKP), this populist rhetoric advocates for the elimination of private property in favour of total state ownership or state trusteeship.

Read More »

NEW LAND COURT BILL THREATENS INDEPENDENCE OF JUDICIARY

On 23 May 2023, Parliament passed the Land Court Bill, which it believes will resolve “backlogs in land claims and dispute resolution mechanisms”, and ensure that “land reform in its entirety be accelerated in a lawful and equitable manner, guided by progressive jurisprudence”. The FW de Klerk Foundation remains deeply concerned that the Land Courts and the Land Appeal Court, which will be established by the Bill.

Read More »