New Land Reform Bills on the Horizon: Draft Equitable Access to Land and Communal Land Bills Expected for Public Comment
South Africa’s land reform efforts are set to take a major step forward with the anticipated release of the Draft Equitable Access to Land Bill and the Draft Communal Land Bill, which aim to address long-standing legislative gaps and constitutional obligations regarding land redistribution and communal tenure rights.
The Department of Land Reform and Rural Development recently briefed Parliament on the status of these draft bills, confirming that both pieces of proposed legislation will be published for public comment between August and December 2025.
Draft Equitable Access to Land Bill: Addressing Redistribution Framework Gaps
The department confirmed that the Draft Equitable Access to Land Bill is on track to be published for public consultation in August or September 2025, with the goal of finalising its tabling in Parliament by March 2026. Prior to that, the bill will be submitted to NEDLAC for consultation early next year.
The bill seeks to create a clear legislative framework for land redistribution, in line with section 25(5) and (8) of the Constitution, which obliges the state to take reasonable legislative and other measures to enable citizens to gain equitable access to land.
Key Limitations the Bill Aims to Address:
- No framework legislation has been enacted to implement section 25(5) and (8) of the Constitution.
- The Provision of Land and Assistance Act of 1993, as amended, remains insufficient to guide comprehensive land redistribution.
- Continued reliance on the “willing buyer, willing seller” approach has hindered equitable land access.
- Current land reform laws are not aligned with the updated Expropriation Act of 2024, creating inconsistencies in implementation.
The Draft Equitable Access to Land Bill is expected to establish the principles, mechanisms, and institutional arrangements needed to advance a more coordinated and just approach to land redistribution in South Africa.
Draft Communal Land Bill: Towards a General Law of Application
The Draft Communal Land Bill is also nearing completion, with the department aiming to publish it for public comment by the end of 2025. The bill is scheduled for tabling in Parliament by August 2026.
This draft legislation will respond to the constitutional requirement in section 25(6), which mandates that persons or communities whose tenure is legally insecure as a result of past racially discriminatory laws or practices are entitled to tenure that is legally secure or comparable redress.
Current Issues the Bill Seeks to Resolve:
- Approximately 13% of land in South Africa, largely in former homelands, is still governed by pre-1994 apartheid legislation.
- Different laws apply to different territories based on outdated homeland boundaries.
- There is no law of general application for communal land tenure, despite constitutional requirements.
- The Communal Land Rights Act of 2004 was declared unconstitutional, leaving a legislative vacuum.
The new bill aims to standardise land tenure rights, improve land governance structures, and provide greater clarity and protection for communities living on communal land.
Legal Developments to Watch
Both proposed bills reflect government’s intent to modernise and constitutionally align South Africa’s land reform legal framework. Once published, they are expected to generate robust public and parliamentary engagement, with implications for landowners, rural communities, legal practitioners, and stakeholders in agriculture and development sectors.
As these bills move through the legislative development process, Sabinet remains a trusted source for tracking draft legislation, government notices, and parliamentary updates.
Stay informed with Sabinet’s Legal Information Services, including access to the Bill Tracker, Parliamentary Monitoring Service, and full-text legal content, to follow the progression of these critical land reform laws.