As South Africa marks 30 years since the enactment of the Restitution of Land Rights Act of 1994, Minister Mzwanele Nyhontso delivered a speech on December 2, 2024, underscoring the achievements, challenges, and ongoing struggles in reversing the century-long injustices of land dispossession under colonial and apartheid regimes. The Act was a historic milestone aimed at restoring land to those who had been forcibly removed from it over the course of 342 years of oppressive rule.
Reversing the Legacy of Land Dispossession
Minister Nyhontso opened his address with a sobering reflection on the historical significance of land dispossession, which he described as “at the heart of our oppression.” “At the heart of our complete liberation is land restoration,” he stated, drawing a direct link between the struggle for land and the fight for dignity, economic autonomy, and full freedom for South Africa’s Black population.
In 1913, the Native Land Act divided the country’s land, leaving the majority of Black South Africans with only 7% of the country’s territory—a figure that was later increased to 13% under the 1936 Natives Land Act. “I always believed that this increase to 13% was not an act of generosity. We all know that the 13% was the land the settlers did not want,” Nyhontso remarked, highlighting the cruel legacy of forced removals and land confinement.
The consequences of these policies are still felt today. Millions were displaced from vibrant communities like Sophiatown and District Six, which were bulldozed to make way for white settlement. “Forced removals did not end with the Native Land Act; they intensified with apartheid’s Group Areas Act,” Nyhontso explained, referencing the continuing injustices inflicted upon families and communities during apartheid.
Land Restitution and the Work Ahead
The government has made strides in addressing these historic wrongs through the Restitution of Land Rights Act, which allows people to claim land they were dispossessed of under apartheid policies. Since the Act came into force, 83,296 land claims have been successfully settled, with beneficiaries receiving a total of 3,896,537 hectares of land. This redistribution has come at a cost of R26 billion, with the same amount allocated for financial compensation to claimants. To date, 2,380,805 individuals across 465,904 households have benefited from these efforts, including 180,011 female-led households and 1,275 individuals living with disabilities.
However, despite these significant achievements, challenges persist. Nyhontso acknowledged that “our right to land has not been fully restored,” and noted the painful truth that land dispossession has left a lasting legacy of poverty and inequality. “Our people experience generational trauma from the land dispossession and forced removals. They experience generational poverty,” he said, underscoring the urgency of addressing these ongoing hardships through restorative justice.
The Promise of Restorative Justice
Minister Nyhontso highlighted the deep emotional and economic impact of land restitution on South Africa’s people. “Giving people land has a deeper meaning,” he said, explaining that through land restitution, the government is not just returning an asset, but “restoring dignity, self-worth, self-respect, and autonomy” to people who have been systematically marginalized.
Supporting his statement, he referenced a study by Dr. Kesswell and the Southern Africa Labour and Development Research Unit (SALDRU), which showed that land restitution can interrupt poverty cycles and enhance psychological well-being and social cohesion. However, the pace of restitution has been slow, and Nyhontso called for faster action. “The greatest challenge has been the pace of Land Restitution,” he admitted, stressing that the full restoration of land would be a key step toward rebuilding generational wealth for communities that have suffered from systemic inequality.
Fighting Corruption and Ensuring Accountability
A crucial aspect of the speech was Nyhontso’s firm stance on corruption within the land reform process. “If you steal land from the people when you are tasked with restitution, you are worse than the original thief,” he declared, calling on communities and individuals to report any corrupt practices. He also urged officials and citizens to hold Communal Property Associations (CPAs) accountable, stressing that well-functioning CPAs could accelerate the pace of land restitution.
Nyhontso shared advice from President Cyril Ramaphosa: “Deal firmly with corruption, even if it means you are the last man standing.” He assured the public that corruption would be dealt with swiftly and without hesitation, and that his office was committed to transparency in land redistribution.
The Call for Reparations
In an unexpected but timely declaration, Minister Nyhontso also called for reparations to address the broader consequences of colonialism and apartheid land dispossession. “The international community declared apartheid a crime against humanity,” Nyhontso said, urging former colonial powers and international corporations that profited from apartheid to accept their complicity and contribute to alleviating the poverty and inequality resulting from the land theft.
“Reparations are not just about financial compensation. It starts with accepting that these colonial powers and local businesses were complicit in our dispossession,” he argued. He added that reparations should be considered in the broader context of addressing the poverty, inequality, and unemployment that continue to affect millions of South Africans.
Looking to the Future
Minister Nyhontso’s speech concluded with a call to action, urging all South Africans to unite in the pursuit of equitable land access, rural development, and transformative change. “We confront this grave injustice with a constitutional mandate to achieve equitable land access for all South Africans,” he said. The Minister emphasized that while significant progress has been made, there is still much work to be done to dismantle the structural inequities that perpetuate the legacy of land dispossession.
With 5,719 old-order claims still outstanding, the government’s task remains monumental. Nyhontso committed to ensuring that the Restitution of Land Rights Act will continue to guide the nation toward true justice and land equity for all.
“In the next five years, we need to work together to dismantle the structural inequities that perpetuate this legacy,” he concluded. “We must be prepared to identify and overcome everything that has impeded greater progress in ensuring the realization of the goals we seek to achieve under this framework.”
As South Africa moves forward in its pursuit of justice, the road to full land restitution and the healing of generations of dispossession remains an ongoing journey, one that requires collective action, accountability, and unwavering commitment to equality.