Communal Land Tenure Bill: Introduction Delayed to 2027

Posted 13 October 2025 Written by Acts Online
Category Agriculture, Land Reform & Rural Development

Brought to you by SA Legal Academy: The Department of Land Reform & Rural Development has revised the timeline for the introduction of the Communal Land Tenure Bill, with a new target date set for 2027.

In a response to parliamentary questions on 5 March 2026, the Minister of Land Reform & Rural Development, Mzwanele Nyhontso, stated that the department intends to have the Bill introduced in Parliament in 2027. This follows previous indications in a June 2025 briefing to the National Assembly that the Bill would be tabled by August 2026. The Minister attributed the delay to the absence of a clear policy on communal land tenure that has been approved by the executive.

The legislative process for this Bill began with a draft version released for public comment in July 2017. The proposed legislation aims to provide a permanent legal framework for land rights in communal areas, addressing complexities highlighted in various judicial rulings, including a 2018 Constitutional Court judgment regarding informal property rights.

Pending the finalisation of the Communal Land Tenure Bill, the department has gazetted a notice to extend the application of the Interim Protection of Informal Land Rights Act, No. 31 of 1996 (IPILRA). This Act is currently extended on an annual basis to ensure that individuals with informal rights to land are not deprived of those rights without their consent or a proper legal process.

Key developments and timelines

  • March 2026: Minister confirms 2027 introduction target for the Bill.
  • June 2025: Departmental briefing originally projected an August 2026 tabling.
  • July 2017: Initial draft Communal Land Tenure Bill released for public comment.
  • Annual Requirement: Extension of the Interim Protection of Informal Land Rights Act, No. 31 of 1996 remains necessary to prevent legal vacuums in tenure security.

Click here to view the Minister’s response to parliamentary questions.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; however, legal professionals should note the continued reliance on interim legislation for communal land matters.
  • For your business: Legal practices and agricultural consultancies must adjust long-term advisory frameworks to account for the further delay in permanent communal tenure legislation.
  • For your clients: Clients holding informal land rights must ensure they remain compliant with the Interim Protection of Informal Land Rights Act, No. 31 of 1996, as permanent tenure security under the new Bill will not be available until at least 2027.

Originally published at https://legalacademy.co.za/news/read/informal-land-rights-communal-land-tenure-bill-update

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