Cape Town — Thursday 5 December 2024 marked 11 years since the late great Nelson Mandela passed away, and the Nelson Mandela Foundation remains committed to realising a more just South African society.
In a statement, the Foundation said it was important for South Africans to exemplify ‘Madiba’ and pursue a better life for the people of South Africa and to work towards changing the trajectory of South Africa, believing that South Africans can and must do better.
The Foundation said South Africa remains haunted by land dispossession and the Foundation will launch an application out of the Western Cape High Court to challenge the State on its failure to comply with Section 25(5) of the Constitution of South Africa, dealing with equitable access to land.
“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 Foundation reported.
The Foundation wants to declare that the State failed to discharge, diligently and without delay, the obligation under Section 25(5) of the Constitution, and direct to State to ensure the enactment within 18 months of national legislation to address the definition of ‘equitable access’ to land; how land is identified and acquired, and how beneficiaries are selected and supported, as well as a report to the Court every three months.
As we reflect on Madiba’s life on the anniversary of his passing, we remain committed and inspired to play our part in realising a more just South African society.
As such, we have filed a legal challenge on government’s failure to comply with Section 25(5) of the country’s… pic.twitter.com/qc4Nv5iLg7
— NelsonMandela (@NelsonMandela) December 6, 2024
“The Nelson Mandela Foundation considers the realisation of the right to equitable access to land, and more broadly the advancement of land reform, as unfinished business about the legacy of Madiba. Realities have changed in the quarter of a century since he stepped down as President of our country, and the avenues available for equitable access have shifted,” it said.
However, the issue remains one of fundamental importance and one that can help tackle inequity. Discussions about land and emotions can be polarising but should not be dissuaded. It is intolerbale that South Africans live in a society where burdens and benefits are not equally shared, and realising Section 25(5) fo the Constitution will correct this injustice.
The current conditions as a country cannot be divorced from its painful past of colonialism and Apartheid and is a society that does not suffer from poverty and inequality but where some sections have caused harm to others.
“Our collective upliftment must take precedence over individual and sectional privilege, and we must uphold justice, even when that means acting against elites and our material interests,” it said.
The Foundation wants to work collaboratively with state structures and the government and intends to act in the public interest and enabling the state and government to fulfill their constitutional obligations.
“Through various reviews and inquiries, the state has already recognised that existing legislation does not fulfil the requirements of Section 25(5) of the Constitution. It is time to turn recognition into action. That is what Madiba’s legacy demands that we do,” it concluded.
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Compiled by Matthew Petersen
