Mashatile rules out 1652 as cut-off date in land reform debate

Government will stick to current legal framework

Speaking in the National Assembly during a question-and-answer session, Mashatile pointed to Section 25 of the Constitution, which provides for restitution claims for dispossessions after 19 June 1913, and the Restitution of Land Rights Act of 1994 that operationalises that constitutional provision. He told MPs that these measures are sufficient to deal with land reform and that changing them would require lengthy constitutional and legislative processes.

Complications of extending the cut-off

Mashatile said extending the cut-off date further back would be complicated by the many developments that have taken place over centuries. He emphasised the need for a reform programme that is just, equitable and legally sound while also protecting economic stability and food security.

Fast-tracking transfers and support

The deputy president said the government is fast-tracking processes to enable land to be transferred to rightful owners and providing support for those ready to farm the land. He acknowledged delays in the restitution programme and pointed to disputes within families and communities as one cause of those delays.

When will claims end?

Responding to a question about whether land reform and restitution would ever be finalised so that farming could continue without new claims, Mashatile said the process would be concluded when all land has been returned to its rightful owners and that the government intends to accelerate this work.

Parliamentary pushback and proposals

Some MPs urged a broader approach. MK Party MP Andile Mngxitama argued that dispossession began before 1913 and questioned why the government would not consider a much earlier cut-off such as 1652. Mashatile replied that the government started with the point at which legislation formalised dispossession and that working from that legal starting point will take them toward their goal of returning land where possible.

The debate on the cut-off date occurred as the MK Party introduced a Private Member’s Bill seeking a constitutional amendment to allow expropriation of land without compensation going back to 1652. Members of the Justice and Constitutional Development Portfolio Committee described the bill as “food for thought” while warning it could have far-reaching implications.

Closing the current debate

Mashatile indicated he was drawing the immediate debate on extending the cut-off date to a close but did not rule out further discussion in future. “I’m not closing it,” he said, adding that he could see people were interested in the topic and that there would likely be more debates going forward.