'Most Notably' (16 March 2026)

We open this week's 'Most Notably' with an update on the long-awaited Communal Land Tenure Bill, which Land Reform & Rural Development Minister Mzwanele Nyhontso has promised to table in Parliament "in 2027". The Minister has blamed the absence of a "clear policy" on communal land "approved by the executive" for ongoing delays in finalising the Bill. This is according to his recently published written response to questions from Economic Freedom Fighters (EFF) MP Nthako Matiase. In June 2025, a Department of Rural Development & Land Reform briefing document presented to the National Assembly committee concerned referred to "the end of August 2026" as the deadline by which the Bill was expected to have been tabled.

Meanwhile, the ‘legislative gap’ created by an October 2018 Constitutional Court ruling on sub-section 2(1) of the Upgrading of Land Tenure Rights Act continues to stand in the way of tenure security, ownership rights, and local development. Whether the annually extended application of the1996 Interim Protection of Informal Land Rights Act addresses this to any meaningful extent is a moot point. Gazetted in October 2025, the latest extension is scheduled to expire in December 2026.

Although a draft Bill was released in July 2017 for public comment, the department's June 2025 briefing document alluded to another opportunity for input, as well as consultations in the National Economic Development & Labour Council. Presumably, the process of drafting a communal land policy will also involve public participation. All of which does tend to suggest that the Bill's planned introduction in Parliament next year could be over-ambitious.

NHI

On 12 March 2026, President Cyril Ramaphosa used a question-and-answer session in the National Assembly to provide some insight on progress in preparing for the introduction of national health insurance (NHI). He was responding to concerns raised by EFF leader Julius Malema about "the dire state of public health facilities, ...characterised by (a) chronic shortage of health professionals and overcrowding". Malema had asked for examples of "practical interventions" already under way to ensure a "fully functional" health system.

According to the President:

• "significant investments" are being made in infrastructure, including "rebuilding old hospitals and building some new hospitals, health centres and clinics"

• "measures to improve hospital governance" are being introduced

• "national and provincial (health) departments are ... focusing on (the) employment of doctors, other health professionals and community health workers"

• "procedures" are being developed for registering prospective NHI users ("directly linked to the Department of Home Affairs population register")

• an "accreditation framework and contracting arrangements for healthcare establishments and providers" are being prepared, and

• work continues on "rolling out" the "digital systems" required to "trace" and maintain the "electronic medical records" of patients as they interact with "different doctors, service providers, healthcare workers and health facilities ... (across) the public ... (and) private sectors".

This is noting that:

• government has "agreed not to proclaim any sections of the NHI Act until the Constitutional Court has handed down its judgment in legal challenges due to be heard at the beginning of May 2026 ... relat(ing) to the public participation process that led to the adoption of the NHI Bill by Parliament"

• the "undertaking":

  • is also expected to ensure that "other legal challenges to the NHI Act ... brought on other grounds are managed in an orderly manner that does not cause prejudice to any party", and

  • "will not affect" the NHI's implementation timetable" or "stop the work" already in progress.

Describing "the changes brought about by ... NHI" as "complex and far-reaching", the President underscored the importance of "a progressive and programmatic approach" to implementation "based on the availability of financial resources".

fiscal framework reforms

Also on 12 March 2026, National Treasury issued a media statement on fiscal anchor design options recommended by the International Monetary Fund (IMF) in their February 2026 report. Endorsing South Africa’s "ongoing efforts to strengthen its fiscal framework", the IMF report provides technical guidance on:

• "strengthening fiscal risk management"

• "improving public financial management", and

• "articulating a clear fiscal strategy".

According to the statement, "this will inform government’s work as consultations on strengthening the fiscal framework continue".

The term 'fiscal anchor' refers to legislative measures requiring successive governing administrations to "outline a detailed fiscal plan to ensure (that) debt remains on a sustainable path throughout ... (each) term of office". First mooted in National Treasury's 2024 Macro-Economic Policy Review, the concept was further developed in "a consultation paper ... published at the time of the 2025 Budget, which detailed various options for a credible fiscal anchor". Input received during the ensuing consultation process will be factored into developing the measures envisaged.

oil and gas

On 11 March 2026, the Department of Forestry, Fisheries & the Environment issued a media statement confirming that Minister Willie Aucamp "is proceeding with the determination of appeals lodged against several environmental authorisations granted for offshore oil and gas exploration projects". The announcement followed a review of "the legality and implications of interim decisions to defer these appeals pending the outcome of court proceedings".

Lodged against activities entailing "drilling and seismic surveys" along the South-West coast, the appeals will be considered by a panel whose recommendations will inform decisions to be taken by the Minister in the context of government's "legal and constitutional obligation" to:

• promote inclusive economic growth and job creation, without compromising environmental protection imperatives, and to

• perform its duties diligently and without undue delay.

According to Reuters, in October 2025 – "alongside government" – Shell "filed an application for leave to appeal" an August 2025 Western Cape High Court ruling that, in a Green Connection press release, was said to have "set aside ... environmental authorisation(s) for offshore drilling along the South-West coast". Among other things, the Green Connection statement referred to that organisation's intention to oppose the application.

In the Minister's view, such "lengthy litigation" could "stall decision-making within the (broader) environmental governance system".

state-owned residential property

On 12 March 2026, the Department of Public Works & Infrastructure (DPWI) released a statement announcing the imminent commencement of "a comprehensive national audit of all state-owned residential properties under its management". The decision was prompted by media reports raising concerns about the "potential" for government residences to be occupied "irregular(ly)" – pointing to the need for "strengthen(ed) oversight of the state’s immovable asset portfolio". Most recently, widespread mainstream media reports on the abuse of state-owned residential property benefits have focused on Western Cape High Court Judge Daniel Thulare (Politicsweb).

The auditing process will entail:

• verifying the "occupation status" of all residential properties under DPWI management

• confirming whether or not "occupants ... qualify for the benefit in terms of the applicable policies and legal frameworks", and

• identifying:

  • "properties ... occupied without valid lease agreements", as well as

  • "occupants ... (of) state housing ... no longer meeting the qualifying criteria".

This is noting that DPWI residential properties are allocated to "various categories of qualifying beneficiaries, including members of the judiciary, government officials and other public servants".

According to Minister Dean Macpherson, "the department will act wherever necessary to end the unlawful occupation of state properties and to restore integrity and proper governance in the management of public assets”, which should be "protected and used for the public good".

Until next Monday ...

Policy Watch SA

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