Khaya Lam: A True Empowerment Story

Private property rights matter for all South Africans. The Khaya Lam land reform project has facilitated the transfer of over 21 000 title deeds from municipalities across South Africa directly to individuals and families, turning former rental tenants into homeowners.

Last week, I wrote about the ten myths of Broad-Based Black Economic Empowerment (B-BBEE). I argued that B-BBEE does not do what it proclaims to do: improve the circumstances of poor, black South Africans and create economic opportunity for the least well-off. Instead, it enriches a politically-connected elite and undermines economic competitiveness – all in the name of “redress”.

That’s not to say that redress is unimportant. The state must be held accountable for infringing on people’s rights, after all. But you empower people, in the first place, by not standing in the way of their self-empowerment.

And you certainly don’t achieve redress through a system of redistributive racial preferencing that undermines other people’s rights. Robbing Peter to pay Paul harms Peter – and doesn’t really benefit Paul either.

The right to own

Less government is better government, but one area where the state has a crucial role to play is in the protection of private property rights.

Section 25 of the South African Constitution provides that guarantee, but this right is under constant threat by policies like the Expropriation Act, signed into law earlier this year, which empowers the state to expropriate (more like confiscate) property for “nil” compensation.

Political parties like the Economic Freedom Fighters and uMkhonto weSizwe want to do away with private property altogether. History shows this never ends well, whether it be in the Soviet Union or more recently in Zimbabwe and Venezuela.

The right of ownership is not simply a policy preference to be kept or discarded based on the whims of some politician. It is an inalienable human right: you own yourself and by extension, your property.

Consequently, anybody who tries to deprive you of your property is in violation of your human rights, which is why a just society compensates people whose property has been expropriated for public purposes, like building a highway, a dam, and yes, even for redistribution.

Private property is also the foundation of civil liberties. If the government can take away your home, you are much less likely to criticise those in power. In short, private property rights are indispensable for a free and prosperous society.

Origins of a dream

For these reasons, the Free Market Foundation (FMF) has, since its inception in 1975, advocated for private property ownership for people of all races in South Africa. During the transition to democracy in the 1990s, the FMF was one of the leading proponents of the private property clause during the constitutional negotiations.

In 2010, the FMF saw an opportunity to go one step further and make the dream of private ownership a reality for disadvantaged South Africans by strengthening freehold titling. Thus, the Khaya Lam land reform project was born.

It took three years to transfer the first 100 properties from the Ngwathe (Parys) council in the Free State to municipal tenants, when the inaugural title deed handover event was hosted in 2013. This was symbolic, occurring a century after the passage of the Natives Land Act in 1913, which along with other laws deprived black South Africans of their basic property rights.

The first 100 title deeds were transferred by the Khaya Lam project in 2013.

Today, Khaya Lam – meaning “My Home” in Zulu – has helped transfer over 21 000 municipal properties to residents across the country. More than half of those titles have been transferred since January 2023, when the total number of transfers stood at 10 000.

At a very conservative estimate of R150 000 per home transferred, Khaya Lam has made R3.15 billion in “dead capital” come to life. The economic benefits are immense. Secure title empowers owners to sell or upgrade their homes, to use their home as collateral for financing a new business venture and injects liquidity into the property market.

But the real impact lies in the recognition of the basic dignity of the beneficiaries.

I invite you to attend one of our regular handover ceremonies. There you will see tears of joy and hear the ululations of proud homeowners as they receive their legal documentation. Remember to bring tissues, as Terry Markman (Head of Khaya Lam) often says!

Many beneficiaries are elderly, often the most senior person in the family. At a recent handover ceremony in Rammulotsi (Viljoenskroon, Free State), 106-year-old Mrs Nontsomi Sannah Jilimba walked unaided into the community hall to receive her title deed.

Mrs Nontsomi Sannah Jilimba, aged 106, receiving her title deed (15th August 2025).

What distinguishes the poor from the middle class and the wealthy is assets. And for many poor people their home is the only asset they have and a vital store of value. Title security is essential for intergenerational wealth transfer. Knowing that you can safely pass your asset onto your children when you pass away provides peace of mind.

How it works

Khaya Lam partners with municipalities, conveyancers, and sponsors. Each transfer costs R3 750, which is entirely funded by private sponsors, without whom the project would not be possible. Khaya Lam is particularly indebted to Johann Rupert, who made a significant donation in 2019, which has enabled the bulk of the transfers to happen.

Khaya Lam beneficiaries in Ngwathe (Parys) proudly displaying their title deeds (5th August 2025).

In addition, Khaya Lam has been generously supported by various financial institutions, private companies, charitable foundations, as well as many ordinary people, some with limited means, who share our passion for titling and donate small amounts to support our work. All sponsor funds are ringfenced exclusively for the project and subject to rigorous internal financial controls and annual independent audits.

Khaya Lam has been successful because of its relentless focus on titling. We don’t have the ability to calculate how many council-owned homes are still to be transferred, but our back-of-the-envelope estimate is anywhere between 500 000 to 1.2 million. The project doesn’t operate in informal settlements or traditional tribal land. These areas are complicated, to say the least.

Khaya Lam has signed memoranda of understanding (MOUs) with three metropolitan municipalities (Cape Town, Buffalo City, and Tshwane) and 19 local municipalities. Some of these governments take years to come to the party, others immediately see the benefit and jump on the opportunity.

Marc Lubner of the Lubner Family Foundation with Searle Sacks, Lorna Sacks and Terry Markman of the Khaya Lam Project at the 2025 Investec Jewish Achiever Awards (2nd November 2025), where Khaya Lam was the proud winner of the prestigious Bertie Lubner Award.

The future

As the FMF, we believe in empowering people to be agents of their own future. Secure titling is a tangible way to empower people but achieving that simple goal is not easy.

Like many non-profit organisations in South Africa, Khaya Lam is facing a funding shortfall. At R3 750 per title, there’s no better bang for buck for corporate social investment anywhere in the country. However, our impressive rate of transfers (an average of 400 per month), means our total spending exceeds R1.5 million per month.

Our vision is for all homeowners in South Africa to enjoy the protection of secure freehold title. If this vision resonates with you then we – and our many beneficiaries – would be grateful for your support. All contributions are tax deductible and can be made through the Khaya Lam website or by getting in touch with the FMF accounts department.

Private property matters. For all South Africans.

Together, we can make the dream of ownership come true for many thousands of our fellow countrymen.

Ansara is CEO of the Free Market Foundation.