-
Land is seen alongside the Liesbeek river in Cape Town, South Africa 02 June 2021.
The contentious issue of land in South Africa is back in the spotlight. This as the Nelson Mandela Foundation has launched a Constitutional challenge premised on the state’s failure to comply diligently and without delay with Section 25(5) of the Constitution of the Republic of South Africa.
The said section compels the state to 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.
Part of the Constitutional project in the new dawn of democracy is undoing the harm through redress.
A critical tool to achieve this includes Section 25 of the Constitution and other relevant legislation.
In papers, the foundation contends, among other things, that it cannot be disputed that the state is in breach of its obligations as stated in Section 25(5) of the Constitution to pass reasonable legislation that will foster conditions that will enable citizens to gain equitable access to land.
As a result, the foundation has turned to the Western Cape High Court for relief charging that this country cannot afford further delay.
Details of the court challenge in the report below:
