RISE Mzansi has thrown its full weight behind the Nelson Mandela Foundation’s (NMF) legal challenge against the State for what it says is “failure to fully implement Section 25(5) of the Constitution”.
“This necessary initiative by the NMF is in line with RISE Mzansi’s position on land reform, that the constitutional clause has not been fully explored and effectively utilised by the State to address the injustices of apartheid spatial planning and land distribution,” said Gugu Ndima, the party’s national spokesperson.
Ndima added that equitable distribution of land to all South Africans is central to nation-building efforts, “and is a challenge that must be addressed within a generation”.
On 5 December 2024, the Nelson Mandela Foundation announced that it seeks an order inter alia; “declaring that the State has failed to discharge, diligently and without delay, its obligation under section 25(5) of the Constitution”.
Section 25(5) stipulates that 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.
“While discussions on land are emotive and can be polarising, this should not dissuade us from addressing the issue. We also challenge the prevailing myth that land reform, particularly land redistribution, can spur instability. In a country with such alarming levels of racialised poverty and inequality, land reform can in fact be a powerful tool for achieving economic justice as well as building social cohesion.
“It is intolerable that we live in a society in which the benefits and burdens are not equally shared – with a small number of people enjoying the benefits while the majority carry the burdens. Realising Section 25(5) of the Constitution can help us correct this injustice,” the Foundation said.
Meanwhile, Ndima stressed that the South African Government has failed to utilise innovative policies and land reform to achieve spatial justice.
“Land remains a key mechanism to change the lives of millions of South Africans precariously dependent on welfare. However, the mechanisms the State is currently using have not solved the problem. Therefore, RISE Mzansi supports litigation and holding the state accountable, on the snail pace of land reform.”
She called on those in power to uphold justice even when that means acting against few elites.
“As a nation we ought to hang our heads in shame that children born in the past thirty years are still subjected to the same socio-economic disparities architected by the apartheid government,” Ndima asserted.
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