The Commission views this decision as a crucial affirmation of the constitutional principles enshrined in section 25 (property) and section 26 (housing) of the Constitution. It reinforces the legal protections intended to secure the dignity and tenure of people living and working on land they do not own.

This judgment follows a series of recent rulings that underscore the judiciary’s role in protecting vulnerable land users:

1. In City of Johannesburg v Occupiers of Portion 971 of Farm Randjesfontein ([2025] ZASCA 47), the SCA emphasized that the eviction of informal waste pickers must be approached with due regard for their livelihoods and socio-economic rights.
2. In Mkhize v SA Green Farming CC ([2025] ZALCC 16), the Land Claims Court reiterated the need for lawful, dignified eviction processes under ESTA.
3. The Western Cape High Court, in Stellenbosch Interest Group v Provincial Minister, reaffirmed the importance of community participation and environmental stewardship in land-use decisions.

These rulings signal a robust legal approach to land governance that respects constitutional values, human dignity, and equitable access to land.

CALL TO ACTION

While the SAHRC commends the courts for their vigilance, we remain concerned by continued threats to tenure security, unlawful evictions, and bureaucratic delays in the land reform process. The Commission urges the State, particularly the Department of Land Reform and Rural Development, and all spheres of government and organs of state, including the Land and Land Claims Court, to:

1. Expedite the implementation of tenure reform policies and finalise long-outstanding land claims;
2. Ensure ESTA and Labour Tenants Act protections are upheld by local and provincial authorities;
3. Provide legal and technical support to vulnerable communities facing eviction;
4. Increase public awareness of legal rights under land and housing legislation.

The Commission stands ready to support collaborative efforts between government, civil society, and affected communities to uphold the transformative vision of land justice promised in the Constitution.

ENDS

Issued by the South African Human Rights Commission