More than 30 years into democracy, land theft during colonialism and apartheid continues to perpetuate spatial inequalities and lack of equitable access.
Discussions about redistribution often focus on agricultural and rural land. However, The United Nations estimates that almost 80% of the South African population will be living in urban areas by 2050. Housing rights and land rights are deeply intertwined, but they are rarely managed together. This overwhelming shift shows that affordable housing must be at the heart of land debates, particularly in cities shaped by South Africa’s history of dispossession.
It is a common myth that cities have no available urban spaces. The reality is there’s a large number of empty buildings and unused state-owned properties. Elites have taken control of land redistribution and those in power have access to resources, while most are left out.
People are facing evictions and displacement to rural areas. Based on a survey by the Socio-Economic Rights Institute (SERI) looking at eviction cases between 2014-2018, it was estimated that 10,000 people are evicted from their homes in South Africa every week. In a SERI report launched in 2022, they focused on eviction cases in the inner city of Johannesburg and stated, “despite the legal obligation to do so, in nearly all of the cases in this study, 94%, no engagement with or acknowledgment of the importance of the personal circumstances of the respondents occurred.”
Being forced out of the city is more than just a disruption to daily life, it means losing access to jobs, schools, healthcare, and other opportunities of improving their lives. True equity means ensuring people can live near where they work, in affordable housing, that supports sustainable development.
Section 25(5) of the Constitution says, “The State must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.” Though in reality progress has been slow and historical injustices persist.
In 2024, the Nelson Mandela Foundation launched an ongoing application, arguing that “the state has failed to make legislation aimed at facilitating equitable access to land, as it is required to by section 25(5) of the Constitution”.
As urbanisation continues to grow, questions over who gets to live in the city and who is getting pushed out, are becoming increasingly important.
Land is not just about buildings, it’s about belonging. The Freedom Charter says South Africa “belongs to all who live in it”. Yet, the emphasis has been placed on the government’s target to redistribute 30% of white-owned land to black citizens.
At the Human Rights Festival 2026, constitutional law specialist Adv. Ben Winks argued that we need to look at how many people have equitable access to that land, stating “it’s about numbers of people not percentages of demography.”
The South African Cities Network found the urban land debate “one of the most neglected but influential issues in post-apartheid South Africa.”
However, there are solutions, including the repurposing of unused government buildings and making affordable homes a priority. It will require a mindset shift across society, and a complete change to the legal system.
This means rethinking what redistribution looks like, it is not just about land, but people’s right to equitable access. We need to tackle the inequalities in property ownership and make sure redistribution policies recognise that housing rights cannot be separated from land rights.