Creator
Adv Tembeka Ngcukaitobi is a South African lawyer, public speaker, author and political activist. He is a member of the South African Law Reform Commission.
The 2025 law differs from the old Act in that it includes fixing skewed land patterns, and introduces compensation based on ‘justice and equity’ and not ‘willing buyer, willing…
We can never forget that the path to creating a society lives and survives only through memory
To change inequality does not require knowing the future, to be certain of the outcome. It requires us to have belief in an idea and, like Mandela, try to make this dream come true
Tembeka Ngcukaitobi commemorates the 45th anniversary of the death of Robert Mangaliso Sobukwe
Britain consolidated its rapacious theft of territories in Africa and Asia during the reign of Elizabeth II’s great-great-grandmother, Queen Victoria
This is an edited version of the Inaugural Arthur Chaskalson Memorial Lecture delivered at the Equal Education Law Centre
The party’s founders focused it’s mission on the problem of the day – land – which remains a central issue. Yet, since 1994, the ANC has been hesitant and timid in resolving the…
By recalling the true origins of constitutionalism in our country, we can make sense of the Constitution’s promise and it can – perhaps once again – play its redemptive role
In the second of a three-part series on South Africa’s land question, Tembeka Ngcukaitobi says the constitution is clear: land seized under colonial states must be returned. But…
In a three-part series on South Africa’s land question, Tembeka Ngcukaitobi takes a look at the colonial conquests that drove us here
Under a state of national disaster, some rights may be suspended. But it is critical to remember that the Constitution itself is not suspended
Constitutional changes can’t resolve the real causes of slow and fraught transformation of property ownership
Section 25 of the Constitution is the key but a new Expropriation Act is also urgently needed
It’s 200 years since the Xhosa were driven from their land and it has not yet been restored to them
The ANC proposes to continue working with large agricultural businesses, an approach that has to date marginalised small-scale farmers
Redistribution must favour the poor and include the ability to make the land productive
The Union of South Africa and the women struggle for visibility in the courts
The way in which land is expropriated is just as important as the outcomes that are achieved
In 1902, there were already stirrings of people who were resisting being thrown off the land
Any amendment must be constitutional, which means certain principles must be adhered to
