The Portfolio Committee on Justice and Constitutional Development received a presentation on Tuesday about the Constitution Twenty-Second Amendment Bill, 2025: a Private Member’s Bill introduced by one of its members, Mr Mzwanele Manyi. The Bill proposes amendments to Section 25 of the Constitution relating to land ownership, custodianship and restitution.
The Bill seeks to affirm that land and natural resources belong collectively to the people of South Africa, with the state acting as custodian on behalf of citizens. It further proposes the extension of land restitution claims to 1652 and removes any form of compensation for expropriated land.
Presenting the Bill to the committee, Mr Manyi said the proposed amendment seeks to “restore land justice, advance economic freedom and complete decolonisation”. He argued that the current constitutional framework has not fully resolved the historical injustice of land dispossession and economic exclusion.
The Bill aims to place all land in state custodianship. According to the Bill, the democratic state, in partnership with recognised traditional and Khoi-San leadership, must act as the custodian of land and natural resources. According to Mr Manyi, the dawn of democracy in 1994 did not fully resolve the land question. He assured the committee that it does not aim to “do a Zimbabwe” and called it a very fair bill. He advanced that the Bill does not reject constitutionalism but rather advances transformative constitutionalism.
During deliberations, Members of the committee expressed differing views on the proposed amendment, with some describing the Bill as an important contribution to ongoing national discussions on land reform, while others were concerned about its broader constitutional and economic implications.
Committee member Adv Glynnis Breytenbach characterised the proposal as “food for thought”, saying it’s a quite complex Bill and she would prefer more time before engaging on it.
Members also had questions about the practical implementation of state custodianship of land and natural resources, the implications of removing compensation provisions from Section 25, and the possible impact on food security and agricultural production.
Committee member Mr Steve Swart said his party appreciates that land is an emotive issue and that there is a need for restitution, but he still felt that there would be vast economic implications. His sentiments were shared by another committee member, Mr Damien Klopper, who said the Bill might as well have included a provision that prohibits international investments.
Mr Manyi said the Bill would not remove legal processes or threaten food security and would instead improve South Africa’s economic sovereignty.
The Bill also proposes a greater constitutional role for traditional and Khoi-San leadership structures in land governance. Members discussed the role of traditional leadership institutions in communal land administration and the need to ensure alignment with constitutional principles and democratic accountability.
Committee member Ms Mothibe Mohlala said the Bill is in line with her political party’s land policy. She said this however does not secure the support of her party as they would not support weak bills.
Committee Chairperson Mr Xola Nqola agreed that the Bill is indeed food for thought. “It is something that we must properly apply our minds on so that whatever decision we take is informed by the best interests of the people of South Africa.”
The committee noted that the Bill will proceed through the parliamentary process applicable to constitutional amendment bills.
Rajaa Azzakani
21 May 2026
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