THIS week, as South Africans reflected on Nelson Mandela's legacy, the Nelson Mandela Foundation took a momentous step in seeking justice for the country's disenfranchised citizens.
Thursday, December 5, marked the 11th anniversary of Madiba's passing, a day that holds significant meaning in the nation’s history and offers an opportunity to recommit to his vision of a just society.
In line with this mission, the Foundation has filed a legal challenge in the Western Cape High Court arguing for the state’s compliance with Section 25(5) of the Constitution, which addresses equitable access to land.
In its application, the Nelson Mandela Foundation contends that the government has failed to meet its constitutional obligations and seeks a court declaration to that effect. The Foundation's plea is clear: the state must enact national legislation within 18 months that defines "equitable access" and outlines how land is to be identified, acquired, and redistributed to those in need.
The Foundation articulated the rationale behind this legal action, stating, “The realisation of the right to equitable access to land, and more broadly the advancement of land reform, are unfinished business in relation to the legacy of Madiba.” They emphasised that despite the passage of 25 years since Mandela's presidency, the fundamental issues surrounding land access remain potent and unresolved.
Discussions regarding land reform in South Africa often ignite emotional and polarising debates. However, the Foundation insists on tackling this contentious issue head-on, challenging the prevailing notion that land redistribution could lead to instability.
Instead, they argue that achieving equitable land access is a pathway to economic justice and social cohesion. “It is intolerable that we live in a society in which the benefits and burdens are not equally shared,” they stressed. “Realising Section 25(5) of the Constitution can help us correct this injustice.”
Central to their argument is a collaborative approach, one that the Foundation has believed in since its inception. They reaffirm their willingness to work alongside state structures to ensure that the government adheres to its constitutional obligations.
“Our legal challenge is about acting in the public interest,” they stated, reflecting a balanced perspective aimed at constructive engagement with authorities rather than confrontation.
In support of their case, the Foundation points to previous reviews and inquiries indicating that current legislation falls short in meeting the fundamental requirements of Section 25(5). Their message is loud and clear: acknowledgment of the problem must translate into action. “That is what Madiba’s legacy demands that we do,” they affirmed.
The Star