Mashatile Rules Out Backdating of Land Claims Before 1913

Deputy President Paul Mashatile has confirmed that the government will not support efforts to backdate South Africa’s land restitution framework to before 1913, saying such a move would be unconstitutional.

Mashatile was speaking this week in Parliament and in a response to a question from the uMkhonto weSizwe Party he said that while government remains committed to accelerating land reform, any amendment to section 25 of the Constitution falls under the authority of Parliament.

He reminded MPs that a previous attempt to amend the section failed to secure the required two-thirds majority.

Section 25 of the Constitution currently limits restitution to those dispossessed after the passing of the 1913 Land Act, offering either the return of land or equitable redress. Mashatile said the Expropriation Bill signed into law in January 2025 provides a clear framework for expropriation in the public interest, replacing apartheid-era legislation.

He added that the Inter-Ministerial Committee on Land Reform has not discussed altering the 1913 cut-off date, describing such a step as inconsistent with the Constitution. However, he said the Minister of Land Reform and Rural Development, Mzwanele Nyhontso, will soon convene a National Land Indaba to finalise key issues around redistribution and tenure.

Mashatile stressed that the government’s priority is to ensure that land already returned to communities becomes productive and contributes to inclusive economic growth.

Mashatile also said that: “The ANC [African National Congress] is pro-expropriation of land without compensation, we have never deviated from that,” raising questions about the ANC’s commitment to property rights.