28 years later, thousands of land claims are still outstanding
It could take another 15 years to settle outstanding claims lodged by 1998
Nearly 28 years after the initial deadline for lodging land claims, there remain 5,160 claims pending finalisation, according to the latest figures. Between 2014 and 2016, a window was reopened for individuals to lodge fresh claims. However, the Constitutional Court mandated that all "old order" claims lodged by December 1998 must be resolved prior to considering any new claims.
With the current settlement pace, it could take a minimum of 15 years to conclude all the outstanding "old order" claims. Legitimate land claims are those where people were deprived of their land following the Natives Land Act in 1913, and the dispossession was a result of racial discrimination. Compensation through financial means or the provision of alternative land, usually acquired by the government, are the two ways these claims are resolved.
The property restitution process has been beset by delays, with the settlement rate gradually declining. As of December 2025, 2.4-million individuals and 469,000 households have reportedly benefited from restitution, having received at least R60-billion in compensation. The Minister of Land Reform and Rural Development, Mzwanele Nyhontso, informed Parliament that R2.5-billion will be allocated in the 2026/27 fiscal year for settling claims, with the year's target set at 307 claims.
He cited reasons for the delays, such as disputes over claim validity, complications due to communal land, court delays, and a shortage of human resources.
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