Thabiso Goba6 December 2024 | 10:25

Nelson Mandela Foundation takes govt to court over land redistribution

The foundation, which is named after South Africa’s first democratic president, has filed court papers in the Western Cape High Court, saying government has failed to comply with section 25.5 of the constitution.

Nelson Mandela Foundation takes govt to court over land redistribution

JOHANNESBURG - The Nelson Mandela Foundation is taking the government to court for failing in its mandate to redistribute land equally.

The foundation, which is named after South Africa’s first democratic president, has filed court papers in the Western Cape High Court, saying government has failed to comply with section 25.5 of the constitution.

This section says government must take reasonable legislative steps to ensure citizens are able to gain access to land on an equitable basis.

To commemorate the 11-year anniversary of Nelson Mandela’s passing, the foundation says it is continuing his work of fighting for equality.

In its papers, the foundation wants the court to declare government has failed to discharge its obligation listed under section 25 of the constitution.

 
It also wants government to draw up legislation and a plan of how it will ensure equitable access to land.

The foundation’s CEO, Mbongiseni Buthelezi:

“The Nelson Mandela Foundation is acutely aware of our country’s continued legacy of land dispossession and of the current needs regarding land access.

 Against this backdrop, we are launching a court application which seeks to compel the state to realise equitable access to land as provided for in the constitution.”

The respondents listed in the court papers are the parliamentary speaker, chairperson of the National Council of Provinces (NCOP), the state President and Minister of Land Reform.