Why Land Redistribution Still Matters: Human Rights Festival Dialogue

On Saturday, 28 March 2026, the Nelson Mandela Foundation hosted a dialogue on Why Land Redistribution Matters at the Human Rights Festival at Constitution Hill. The discussion spanned urban and rural land needs, the constitutional framework, the material and spiritual value of land, and the limits that South Africa's governance landscape places on meaningful reform. It was facilitated by Disha Govender, a research and advocacy consultant at the Foundation with a strong background in public interest litigation on equitable urban land access.

Siyabonga Mahlangu, General Secretary of the Inner City Federation, opened by highlighting land needs often overlooked in redistribution debates, particularly those of South Africa's cities. He stressed that many urban residents have little use for rural land, but instead need affordable housing close to economic opportunities, "a home, a safe space [to go to] at the end of the day."

Dineo Skosana, head of the Society Work and Politics Institute (SWOP) at the University of the Witwatersrand, drew on her research into land dispossession caused by coal mining in the post-apartheid period. Her recent monograph, No Last Place to Rest: Coal Mining and Dispossession in South Africa, shows how dispossession persists for mining-affected communities, enabled by insecure tenure for those on communal land or labour tenants on private land.

She also highlighted the idea of spiritual dispossession, recalling a workshop where an elderly man said, "The land is our [African people's] bed. When the mining companies take our land, where should we sleep?" She emphasised that, as dispossession historically stripped people of citizenship, land redistribution is key to restoring full citizenship.

Ben Winks, part of the Foundation's legal team in litigation to compel the state to enact legislation for equitable land access, reflected on the Constitution's vision. The preamble's phrase, "South Africa belongs to all who live in it," once proposed for the land clause, remains unrealised. While the Constitution does not explicitly mention redistribution, it requires the state to create conditions for equitable access to land, pointing to the need for systemic change in both the land market and property law regime.

Mbongiseni Buthelezi, CEO of the Foundation, situated land redistribution within South Africa's broader governance context. He noted that elite capture in land reform since the end of apartheid has eroded public trust in the state's ability to deliver equitable outcomes.

Audience questions reflected both support and contestation. Some raised concerns about the role and reach of traditional authorities, while others argued for balancing cultural needs with economic and developmental priorities in the pursuit of land justice.

The dialogue underscored that land redistribution in South Africa is not a single issue, but a complex and contested process shaped by urban realities, historical injustice, and institutional limits. It highlighted the need for systemic reform, inclusive approaches, and renewed public trust to realise the constitutional promise of equitable access to land.

Through its ongoing work, the Nelson Mandela Foundation remains committed to fostering dialogue, advancing research, and pursuing constitutional pathways that contribute to meaningful and equitable access to land in South Africa.