The uMkhonto weSizwe Party is set to introduce in Parliament that proposed radical changes to the country's land reform policy.
Image: DOCTOR NGCOBO Independent Newspapers
The uMkhonto weSizwe (MK) Party has confirmed it will table a Constitution Amendment Bill on land reform when it appears before Parliament’s Portfolio Committee on Justice and Constitutional Development next month, proposing sweeping changes to Section 25 of the Constitution.
The party said the Bill, set to come before the committee on May 27, seeks to explicitly provide for the expropriation of land without compensation for land reform purposes, alongside the removal of all references to compensation in the property clause.
In its statement, the party said the proposed amendment would declare land “the common heritage of all South Africans” to be held under what it describes as “joint custodianship of the state and Traditional Leadership in the public interest.”
It added that the reform would extend the cut-off date for restitution claims from 19 June 1913 all the way back to 6 April 1652, a move it says would broaden the scope of land claims to include dispossession linked to the arrival of colonialism. The year 1652 marked the arrival of Jan van Riebeeck at Table Bay.
According to the party, the change would bring what it estimates as “87% of land currently excluded into the restitution and redistribution process,” framing the proposal as part of efforts to address historical land inequality.
The Bill also proposes a custodianship model in which the state, working with traditional leadership, would assume formal oversight of land while issuing long-term leases instead of freehold ownership.
“These leases will be designed to be bankable and will provide citizens, farmers and businesses with the confidence to invest productively, while preventing speculation, hoarding, and foreign ownership,” the party said.
It further stated that traditional leaders would play a “primary and authoritative role” in land governance, particularly in relation to communal land, describing them as “original and rightful custodians of the land.”
The party said the model draws on what it describes as existing frameworks such as the Mineral and Petroleum Resources Development Act and developments like Waterfall City, which it argues demonstrate custodianship-based systems can still attract investment.
The Bill will also be referred to the National House of Traditional and Khoi-San Leaders for consideration, reflecting what the party describes as the importance of traditional governance structures in land administration.
The party said it will embark on consultations with other political parties, including the ANC, EFF, IFP, ATM, PAC, UAT and UDM, which it says share a commitment to accelerating land reform.
It added: “Land reform is too critical to be delayed. The MK Party calls on all progressive parties and organisations to engage constructively with our Bill and to work together in building the broad support needed to pass this historic constitutional amendment.”
The Bill will be introduced in the Portfolio Committee on Justice and Constitutional Development as Parliament begins formal consideration of the proposal.
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