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New land reform minister, the PAC’s Mzwanele Nyhontso, vows to ‘use all available means’ to amend Constitution

PAC leader Mzwanele Nyhontso – the newly appointed Minister of Land Reform and Rural Development in Cyril Ramaphosa’s Cabinet – plans to revisit attempts in Parliament to scrap section 25 of the Constitution to address land dispossession. 
New land reform minister, the PAC’s Mzwanele Nyhontso, vows to ‘use all available means’ to amend Constitution Pan Africanist Congress founder Robert Sobukwe in 1978. (Photo: Gallo Images / Sowetan)

Pan Africanist Congress of Azania (PAC) president Mzwanele Nyhontso – the new Minister of Land Reform and Rural Development – has made no bones about his plans to push for amendments to the Constitution to address land dispossession.

Nyhontso wants to scrap section 25 of the Constitution, because the PAC sees it as a hindrance to resolving the question of land redistribution. However, he said the party is not fixated on expropriation of property without compensation.

Nyhontso told Daily Maverick that while the PAC accepts that the Constitution is among the best in the world, the entrenchment of property rights in section 25 is skewed against African communities.

The PAC, with one seat in Parliament, joined the Government of National Unity (GNU) after the ANC failed to achieve the 50% threshold in the elections on 29 May 2024. Nyhontso’s deputy is the ANC’s Chupu Stanley Mathabatha.

Nyhontso said section 25 seeks to perpetuate “ill-gotten property in the hands of settler communities”.

“Section 25 suggests that through the court processes or mediation some parcels of the land can be tested judiciously for transfer of ownership. They are aimed at the post-1913 Land Act and the apartheid-era forced removals matters,” Nyhontso said

“This is unjust and false, and it limits an historical colonial theft of land and dehumanising pieces of legislation aimed at the indigenous people, thereby leaving a festering settler-colonialism matter to be scrutinised unfairly in the courts.”

He suggested that the proposed scrapping of section 25 should be put “before a plebiscite for the people to approve or reject”. 

He stressed, however, that the party did not support the expropriation without compensation. “We are not there,” he said.

The PAC has already prepared a departmental strategy for the GNU to consider within the context of land dispossession, to show the system has resulted in vast inequalities in land ownership and rural development.

“Addressing these issues is critical to achieving social justice, economic growth, and sustainable development,” he said.

The strategy “will outline a comprehensive approach to land reform and rural development aimed at land restoration and redistribution, enhancing economic and agricultural productivity and improving the quality of life in rural areas”.  

He said it is a misconception that the PAC has a “willy-nilly” approach to the question of supporting land expropriation without compensation.

“Our approach is different and broader. We are comprehensively addressing issues of social justice and economic growth. We are not playing to the gallery for populist sake.

“We are not in the EFF camp; we think much broader than the catchphrases that go about being propagated such as expropriation of property without compensation.

“We want to set out policies aimed at reviewing the land policy for accelerated land acquisition and restoration processes, ensuring fairness and transparency.”

He said a plebiscite would enable communities to be involved in how the land question should be addressed. “Let them be heard, speaking for themselves on what form of clause they want inserted in the Constitution to replace the imposition of section 25.

“Also, the national dialogue which is to be convened by the President, we hope will be allowed to ventilate how the land question must be addressed.”

expropriation land Nyhontso PAC leader Mzwanele Nyhontso says the party is not fixated on land expropriation without compensation. (Photo: Papi Morake / Gallo Images)


Vexing issue


The vexing issue of land dispossession has come before Parliament in various guises since democracy. After a three year-process before an ad hoc committee on proposed amendments to section 25 of the Constitution, the ANC failed to obtain a two-thirds majority to pass the motion in 2021. The 18th amendment would have allowed expropriation of land without compensation.

Section 25(1)(2) of the Constitution states that no one may be deprived of property except in terms of law of general application, and that no law may permit arbitrary deprivation of property, and that property expropriated may only be done for public purpose or interest, and that if it happens it must be subject to compensation.



But the courts have still not fully clarified or interpreted what the “general application” in terms of expropriation disputes might mean or entail.  

Read more in Daily Maverick: Expropriation without compensation – It’s all about the politics

The Expropriation Bill, adopted by the National Assembly in September 2023, enables “nil compensation” to be considered in some cases, such as abandoned land, state land or land held for speculative purposes.

Read more in Daily Maverick: Controversial Expropriation Bill is finally approved after navigating a 14-year rocky road

Nyhontso pointed out that “the PAC in Parliament did not vote for the Expropriation Bill”.

“It is common cause that where the state needs land in the hands of private individuals, there will be a need to expropriate, especially if it is in the national interest.

“But it will be unfair to do so without compensation. This applies even to the land under the purview of a traditional leader, that is, the historical 13% of the Bantustan system.

“The PAC was not happy with the interpretation of the Bill, as if it were a panacea to resolve the land question.”

Nyhontso said the expression “expropriation without compensation” needed to be qualified.

“Expropriation of property should be based on the imperative of national interest, or where the need to use a particular land is stronger and greater, based on the interest of the community. Expropriation should be used for the common good.

“The PAC is unwilling to recognise expropriation of land without compensation. If expropriation takes place under these circumstances, the owners will be within their rights to fight for compensation in the courts. The courts will then use arbitration processes to resolve these matters. This is the weakness the PAC sees in expropriation without compensation.”

PAC values


Land expropriation PAC's Robert Sobukwe Pan Africanist Congress founder Robert Sobukwe in 1978. (Photo: Gallo Images / Sowetan)



Nyhontso said the party was certain that its founder, Robert Sobukwe, “is all smiles in his heavenly realm following the appointment to the Cabinet of national government of unity of one of his own progeny”.

The newly formed PAC of 1959 under Sobukwe rejected the ANC’s multiracial worldview, agitating instead for pan-Africanism.

But, notwithstanding “historical differences” on the land question, the PAC and ANC negotiators had “discussed the GNU route with an open mind”, Nyhontso said, adding that it would be a great victory for the GNU, if portfolio committees became more robust to build a viable democratic system, in which Parliament did not become the lapdog of the executive council.

“We are pleased [that] a national dialogue, as proposed by Ramaphosa, will involve civil society to shape the future of our country.”

The PAC considered the GNU to be “above party-political interests”, as the country needed “visionary leadership which transcends tribal, ethnic and racist lenses”.

The party had joined the GNU despite criticism “by some of the colleagues who hurled insults of all kinds”, so that it could tackle joblessness and poverty.

He said that, as a new Cabinet minister, it was “an honour to serve one’s country”. Since it was now “in the mainstream”, the PAC would be ready for the 2026 local government elections and the general elections in 2029. 

Ramaphosa’s Cabinet will meet in Pretoria this weekend for its first lekgotla after ministers were sworn in last week.  DM

Comments (9)

chrisng53@gmail.com Jul 16, 2024, 10:23 AM

These buggers don't have a clue how to ensure LAW FUL Land Reform, that actually is a "Must Have" if ever there is to be socio-economic justice. All their plans and PLOTS violate international law and would breach the Universal Declaration of Human Rights that humanity signed onto, in 1948, after a World War and the Holocaust. If our ConCourt were daft enough as to uphold all these daft plots all countries that are signatories to the UN Charter, that is underpinned by the UDHR, would be compelled to treat SA as a pariah State, as they did with Zimbabwe, and the country would collapse in no time at all. Sigh … can someone up there PLEASE give me a call ????

chrisng53@gmail.com Jul 16, 2024, 10:23 AM

These buggers don't have a clue how to ensure LAW FUL Land Reform, that actually is a "Must Have" if ever there is to be socio-economic justice. All their plans and PLOTS violate international law and would breach the Universal Declaration of Human Rights that humanity signed onto, in 1948, after a World War and the Holocaust. If our ConCourt were daft enough as to uphold all these daft plots all countries that are signatories to the UN Charter, that is underpinned by the UDHR, would be compelled to treat SA as a pariah State, as they did with Zimbabwe, and the country would collapse in no time at all. Sigh … can someone up there PLEASE give me a call ????

ahs.five1960@gmail.com Jul 15, 2024, 04:58 PM

We do not need to roll back any clock. My dealings with the PAC went far back to 1989. A genuine need for people to put people first as a people and not as a faceless society was and still is commendable. Re- looking at a land act is always as useful as it was then. Things change as so must our policies. It's the corruption connected with land distribution is the core of any behaviour. Land does not necessarily bring wealth as Russia has misguidedly not figured out. But bringing opportunities inside the realm of land can offer a sense of existence; of self worth. I had owned land and it brought nothing but more indebtedness. If by any good conscience a way forward could be addressed to assist peoples to develop a pride of being which doesn't dissolve the respect of others; that minister should be heard and participation in such negotiation should be handled in a democratic way. Being threatened seems a way of life. Put down your sharp tongues and negotiate. That's the South Africa I voted for.

ahs.five1960@gmail.com Jul 15, 2024, 04:58 PM

We do not need to roll back any clock. My dealings with the PAC went far back to 1989. A genuine need for people to put people first as a people and not as a faceless society was and still is commendable. Re- looking at a land act is always as useful as it was then. Things change as so must our policies. It's the corruption connected with land distribution is the core of any behaviour. Land does not necessarily bring wealth as Russia has misguidedly not figured out. But bringing opportunities inside the realm of land can offer a sense of existence; of self worth. I had owned land and it brought nothing but more indebtedness. If by any good conscience a way forward could be addressed to assist peoples to develop a pride of being which doesn't dissolve the respect of others; that minister should be heard and participation in such negotiation should be handled in a democratic way. Being threatened seems a way of life. Put down your sharp tongues and negotiate. That's the South Africa I voted for.

Noelsoyizwaphi@gmail.com Jul 15, 2024, 12:29 PM

The first issue to acknowledge about the land question is that land in South Africa is an African land. The second issue is that Africans in South Africa have been dispossessed of the land. Thirdly, regarding the issue of first arrival and attempts to divide Africans, it only serves to delays the resolution of the land question and may benefit us that are living at this moment in time. What must be understood is that people of Khoekhoe, Khoi, San, Xam and others are living among black & coloured South Africans today. Among Batswana there people people called the Namas (aManama or Monama), who are descendants of Khoisan groups. Among amaXhosa we have amaGqunikhwebe tribe that consists of oGiqwa, Ngqosini, Cethe, Sukwini, Nqarhwane, oGqunu, oGqwashu and others. These people live among other black South Africans and are of Khoisan groupings. In the Eastern Cape there is a town called Queenstown, amaXhosa people, to this day, refer to that town as Komani, in recognition of the chief of Khoi people who lived there with his people. So, do bring your tertiary level knowledge of history but no insults to other people's knowledge and justification of the land theft.

Noelsoyizwaphi@gmail.com Jul 15, 2024, 12:29 PM

The first issue to acknowledge about the land question is that land in South Africa is an African land. The second issue is that Africans in South Africa have been dispossessed of the land. Thirdly, regarding the issue of first arrival and attempts to divide Africans, it only serves to delays the resolution of the land question and may benefit us that are living at this moment in time. What must be understood is that people of Khoekhoe, Khoi, San, Xam and others are living among black & coloured South Africans today. Among Batswana there people people called the Namas (aManama or Monama), who are descendants of Khoisan groups. Among amaXhosa we have amaGqunikhwebe tribe that consists of oGiqwa, Ngqosini, Cethe, Sukwini, Nqarhwane, oGqunu, oGqwashu and others. These people live among other black South Africans and are of Khoisan groupings. In the Eastern Cape there is a town called Queenstown, amaXhosa people, to this day, refer to that town as Komani, in recognition of the chief of Khoi people who lived there with his people. So, do bring your tertiary level knowledge of history but no insults to other people's knowledge and justification of the land theft.

button999 Jul 15, 2024, 10:45 AM

As a South African with some knowledge (tertiary level) of the pre-history of southern Africa, the land question is at last becoming a more nuanced issue. The utterly distorted-for-political-gain and overly simplistic version of the pre-history and history of southern Africa were served up for example by the Nats for over 50years and later the ANC and it's populist acolyte's albeit in a different form. They both have fed generations of children and beyond still peddling these distortions as an "education" in history in order to "justify" their party and government policies. It's long. long overdue that the public ceased to depend upon the rubbish version(s) of history espoused by politicians without questioning it and applying critical thinking. The sooner Southern Africans accept that (beyond those who were hunter-gatherers and honour them as our First Citizens) we are ALL settlers the sooner we can finally work together to create a nation that refuses to allow politicians to conquer and selfishly set one group against another.

Andrew C Jul 15, 2024, 08:15 AM

"Land" is very broad. Are people wanting rural land, or do they want an erf in an urban area, or do they want an apartment? Urban sprawl is not a great solution as it creates huge costs in traffic flow and providing utilities. All successful economies have large cities with high rise buildings where large numbers of people live close to each other making public transport efficient and viable. I would like to understand what people calling for expropriation of land have in mind. Can we not get some easy wins by taking land close to the centre of cities (such as Wingfield and Ysterplaat in Cape Town) which is massively underutilised and creating apartments with green areas so as to provide homes to thousands of people on a fairly small footprint.

Noelsoyizwaphi@gmail.com Jul 14, 2024, 09:00 PM

PAC has lost political ground from the first all-inclusive general election. This is partly because the party continued to campaign for the return of land to the African people, even when the needs of that constituency has, to a very large extent changed. By a large majority, people need land to build homes in urban areas than for farming. So, while the land question remains very important and an emotive subject that must not be taken lightly, PAC has a very small constituency from which to draw its support. However, I fail to understand how and why some white people expect the rest of South Africans and whoever cares to know, that the Khoi and San groups are not Africans. That is stupid and it will never be true, no matter how many times it is repeated. It is a fact that the Khoisan groups arrived frist, followed by a group of early Nguni immigrants to migrate to South Africa that consisted of the Xhosa, (made up of the the Gcaleka, Ngqika, Ndlambe and Dushane clans), the Thembu and Pondo. Another group of Nguni-speakers joined these tribes later, such as amaSwati and other tribes that Shaka, the Zulu king, used to form the Zulu nation. Also, the Khoisan grouping did not perish, but it was fused within the other groups of South African blacks, mostly Xhosa and they exist to this day. So, there is no need to paddle lies in defending the theft, but we need to handle the land issue in a mature manner.