ANNUAL REPORT
[JANUARY 2003 TO FEBRUARY 2004]
Chairpersons overview:
The experience of the past year in respect of moving from strategy to implementation of the Sector Strategy has taught us a range of critical lessons in the management of partnerships for development. These lessons will serve as building blocks for enhancing agriculture and land affairs contribution to alleviate poverty and create a better life for all.
Ten years ago, we were faced with the challenge of addressing poverty, hunger, diseases and landlessness through the reconstruction and development programme. The right of access to sufficient food and social security became fundamental in our new democracy. The Strategic Plan was developed as a mutual strategy that united the agricultural sector in the aim of achieving these fundamental goals.
This report gives an overview of activities performed by the Portfolio Committee as well as services rendered by officials to the Members. The National Legislature is a people driven organization and its delivery cannot be measured against tangible results, but against the quality of services provided to the people of South Africa.
The Constitution of the Republic of South Africa dictates that most of the work of Parliament be done at Committee level, especially to fulfil its duty regarding participation in the national legislative process through National Assembly and overseeing the Executive and other organs of the state.
The success of the Committee should not be measured against the number of sitting days or the number of Bills passed, but against the quality of performing its constitutional duties. During the period under review, the Committee tried to its level best to actively promote the spirit and values contained in the Constitution and worked towards fulfilling the Vision and Mission of the national Legislature.
The participation of Members in the Committee activities has been exciting and the level of political maturity in terms of dealing with, sometimes divisive matters, have a profound impact on the work of the Committee. As a result, the spirit of co-operation has been high through out the year. This made work from the chair to be easy. It has been so easily for Members to always deal with issues outside political party lines. For example, from the five pieces of legislation referred to the Portfolio Committee for consideration, four Bills were agreed on consensus. It was only with regard to the Restitution of Land Rights Amendment Bill where the committee could not agree on consensus and was voted for.
One of the challenges that Parliament needs to look at is the issue of committee funding. More often, committees are allocated budgets which are insufficient. Furthermore, the Committee has no control over its own budget, yet the Chair is expected to account for something he/she has no control over it. For example, some of the Committee activities had to be suspended either because of the lack of money or there were no approvals from the Office of the Chair of Committees or Chief Whip, while the programme had been agreed upon by the committee and referred to the same Offices for monitoring.
Finally, the Committee felt less strengthened by passing away of Hon. Maphalala on 5 February 2003 and the absence of Hon. DM Dlali who was involved in the car accident during the beginning of the festive season. Therefore, we wish him a speedy recovery from the ankle and knee fractures.
Challenges faced by the Committee in 2003:
Section 55 of the Constitution of the Republic of South Africa1996, Act 108 of 1996, requires that the National Assembly (NA) to provide for mechanisms to ensure that all executive organs of the State in the national sphere of government are accountable to the Assembly.
To fulfil these Constitutional objectives, the bulk of the Committee work was to be involved in:
2.1 Control Committee Secretary: Ms N C Manjezi
Period: May 2003 to date
2.2 Committee Secretary: Mr JM Boltina
Period: February 2003 to date
Committee Assistant: Ms O Siebrietz
Period: January 2002 to date
Committee Assistant: Ms N Tshoma
Period: 1995 to date
2.4 Secretary to Chairperson: Ms N Mphalala
Period from to date
2.5 Researcher (Research Unit): Mr K Pasensie
MEMBER |
DATE APPOINTED (In current Parliament) |
DATE DISCHARGED |
African National Congress |
||
Mr S Abram |
09/03/2001 |
|
Mr DM Dlali |
01/06/1999 |
|
Mr MS Moatshe |
28/05/2003 |
|
Mr SP Holomisa * |
27/04/1994 |
|
Mrs OR Kasienyane |
01/06/1999 |
|
Mr Z Kotwal |
01/06/1999 |
|
Mr NH Masithela |
01/06/1999 |
|
Mrs NF Mathibla * |
01/01/2002 |
|
Mr LJ Modisenyane * |
13/03/2000 |
|
Mr M Maphalala |
01/06/1999 |
17/02/2003 |
Mr NW Mudau * |
13/03/2000 |
|
Mrs ML Komape-Ngwenya |
01/06/1999 |
|
Mrs BM Ntuli |
01/06/1999 |
|
Ms E Ngaleka |
28/05/2003 |
|
Ms ND Ngcengwane * |
28/05/2003 |
|
Mr BA Radebe |
01/06/1999 |
|
Dr EA Schoeman |
01/06/1999 |
|
Ms AN Sigcawu |
01/06/1999 |
|
Mr T Jeebodh |
12/02/2003 |
|
Democratic Alliance |
||
Mr AJ Botha |
01/06/1999 |
|
Mr DK Maluleke |
13/03/2000 |
|
Mr S Farrow * |
29/09/2000 |
|
Mr GBD McIntosh * |
13/03/2000 |
|
Inkatha Freedom Party |
||
Mr MV Ngema |
26/09/2002 |
|
Prof H Ngubane * |
26/09/2002 |
|
Inkosi BP Biyela * |
26/09/2002 |
|
New National Party |
||
Mr AS Van der Merwe |
18/10/2000 |
|
Dr WA Odendaal * |
21/02/2002 |
|
Azanian Peoples Organisation |
||
Mr P Nefolovhodwe |
28/01/2002 |
|
African Christian Democratic Party |
||
Ms C Dudley * |
20/04/2002 |
|
United Christian Democratic Party |
||
Mr PHK Ditshetelo * |
01/06/1999 |
|
Pan Africanist Congress of Azania |
||
Dr S M Mogoba * |
04/03/2002 |
|
Federal Alliance |
||
Dr A I Van Niekerk |
01/06/1999 |
3. DELIBERATIONS AND COMMITTEE ACTIVITIES (for further information refer to Minutes)
25/02/2003 Programme Planning meeting
04/03/2003 Strategic Planning for Food Security Hearings
11/03/2003 Public Hearings on Food Security in South Africa
12/03/2003 Public Hearings on Food Security in South Africa
18/03/2003 Budget Hearings on Vote 26: Department of Agriculture
25/03/2003
01/04/2003 Budget Vote: Agriculture and Land Affairs
08/04/2003 Briefing by Department on Agricultural Negotiations in the World Trade Organization (WTO)
14/04/2003 Conference on Genetically Modified Organisms (GMO)
15/04/2003 Conference on Genetically Modified Organisms (GMO)
20/05/2003 Consideration of Food Security Hearings Report
27/05/2003 Adoption of Food Security Hearings Report
03/06/2003 Consideration of Zimbabwe Study Visit Report
09/06/2003 Public Hearings on the Role of Private Sector in Agricultural Development
10/06/2003 Public Hearings on the Role of Private Sector in Agricultural Development
17/06/2003 Consideration of the Zimbabwe Study Visit Report
24/06/2003 Further deliberations on the Zimbabwe Study Visit Report
05/08/2003 Adoption of the Zimbabwe Study Visit Report
12/08/2003 Briefing by Commission on Restitution of Land Rights
19/08/2003 Briefing by Department on:
Restitution of Land Rights Amendment Bill {B42-2003);
Sectional Titles Amendment Bill {B43-2003};
Spatial Data Infrastructure Bill {B44-2003}; and
Agricultural Produce Agents Amendment Bill {B53-2003}
25/08/2003 Public Hearings on Restitution of Land Rights Amendment Bill {B42-2003}
26/08/2003 Public Hearings on Restitution of Land Rights Amendment Bill {B42-2003}
02/09/2003 Formal deliberations on Sectional Titles Amendment Bill
Spatial Data Infrastructure Bill; and
Agricultural Produce Agents Amendment Bill
09/09/2003 Adoption of Sectional Titles Amendment Bill;
Spatial Data Infrastructure Bill;
Agricultural Agents Amendment Bill; and
Restitution of Land Rights Amendment Bill
16/09/2003 Briefing by the Land Bank on its Annual Report
23/09/2003 Briefing by South African Human Rights Commission on "Chapter Three" of its Socio-economic report
11/11/2003 - Public Hearings on the Communal Land Rights Bill;
12/11/2003 Public Hearings on Communal Land Rights Bill;
13/11/2003 Public Hearings on Communal Land Rights Bill;
14/11/2003 Public Hearings on Communal Land Rights Bill;
18/11/2003 Deliberations on Communal Land Rights Bill;
19/11/2003 Deliberations on Communal Land Rights Bill;
21/11/2003 Deliberations on communal Land Rights Bill;
25/11/2003 Deliberations on Communal Land Rights Bill;
26/11/2003 Deliberations on Communal Land Rights Bill;
27/11/2003 Deliberations on Communal Land Rights Bill;
26/01/2004 Deliberations on Communal Land Rights Bill;
27/01/2004 Finalization of the Communal Land Rights Bill;
27/01/2004 Briefing on the Annual Report of Department of Agriculture;
04/02/2004 Briefing on the Annual Report of Department of Land Affairs; and
25/02/2004 Adoption of the Committee Annual Report & Consideration of approved Committee Budget.
Bill No. |
Name |
Public Hearing |
No of Submissions |
Amendments |
No of hrs spent |
|||||
[B42 2003] |
Restitution of Land Rights Amendment Bill |
Yes |
23 |
Yes the Bill was amended |
09:00 18:30 X 2 days |
|||||
[B43 2003] |
Sectional Titles Amendment Bill |
No |
No |
No |
09:00 16:00 |
|||||
[B44 2003] |
Spatial Data Infrastructure Bill |
No |
1 |
Yes the Bill was amended |
09:00 13:00 |
|||||
[B53 2003] |
Agricultural Agents Produce A/B |
No |
No |
Yes the Bill was amended |
09:00 13:00 |
|||||
[B67 2003] |
Communal Land Rights Bill |
Yes |
35 |
Still in process |
09:00 18:30 X 4 days |
|||||
[B42C 2003] |
Restitution of Land Rights A/B |
No |
No |
Yes |
09:00 13:00 |
|||||
Name |
Objective/s |
Decision by Committee |
Cartegena Protocol on Biosafety |
Ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology |
Still in process- Need to have a joint meeting with Environmental Affairs and Trade and Industry Committees |
|
||
Fourth Economic and Social Rights Reports of South African Human Rights Commission |
To redress inequalities in land redistribution resulting from the unjust laws of the past. |
Still in process |
Restitution of Land Rights Amendment Bill [B42-2003] |
To amend the Restitution of Land Rights Act, 1994, so as to empower the Minister of Land Affairs to purchase, acquire in any other manner or expropriate land, a portion of land or a right in land for the purpose of the restoration or award of such land, or portion o land to a claimant or for any other related land reform purpose; and to provide for matters connected therewith. |
Bill amended; report on ATC dated 17 September 2003. The debated in National Assembly House on 17/09/2003 |
Sectional Titles Amendment Bill [B43-2003] |
The Bill seeks to expedite the process of developing sectional title schemes and cost effectiveness for public benefit |
Bill agreed to without amendments effected by the Committee on 09/09/2003; No debate in the Assembly on 17/09/2003 |
Spatial Data Infrastructure Bill [B44 2003] |
The Bill seeks to promote the efficient and effective use of the State spatial /geographic information resources by sharing of information; to give effect to the constitutional right of access to information held by the State, as well as information held by other persons, if the information is required for the exercise or protection of rights; to provide for the establishment of the South African Spatial Data Infrastructure (SASDI) . |
Bill agreed to with amendments; No Debate in the National Assembly House on 17/09/2003 |
Agricultural Produce Agents Amendment Bill [B53 - 2003] |
The Amendment Bill seeks to correct practical deficiencies which have surfaced with the passing of time while at the same time accommodating the present day concepts such as good corporate governance. |
Bill amended. No debate in the National Assembly House on 17/09/2003 |
Communal Land Rights Bill B67 2003]
|
To legally recognise and formalise the African traditional system of communally held land within the framework provided by the Constitution; legally secure land tenure rights of communities and people including women, the youth and the disabilities; to provide for a uniform national registration system for all tenure rights where held individually or communally; to provide comparable redress where rights cannot be legally secured. |
Bill still in process
|
|
Deputy Minister: 10
MEMBERS OF THE COMMITTEE:
Subject Matter |
Date |
Number and names of attendants |
Venue |
No of days spent |
Conference on Genetically Modified Organisms
Female Farmer of the Year Competition awards ceremony - Limpopo Province
Signing and Land handover ceremony
Land Reform Study Visit to Zimbabwe
|
14-15 /04/2003
22/11/2003
05/07/2003
26/04/2003 to 01/05/2003
|
(9) Mr NH Masithela ANC Mr DM Dlali ANC Dr EA Schoeman ANC Mr Z Kotwal ANC Ms NF Mathibela ANC Mr BA Radebe ANC Mr MV Ngema IFP Prof H Ngubane IFP Mr AJ Botha - DA
(1) Mr NH Masitheal ANC
(1) Mr NH Masithela ANC
Include names of members Mr NH Masithela ANC Mr DM Dlali ANC Mr BA Radebe ANC Mrs BM Ntuli ANC Mrs NF Mathibla ANC Adv. SP Holomisa ANC Bishop MS Mogoba PAC Mr MV Ngema IFP Mr AJ Botha - DA |
Stellebosch
Ranch Hotel
Madikwe Game Reserves (North West Province) Harare (Zimbabwe)
|
2
2
2
6
|
8. OTHER MATTERS DEALT WITH:
Subject |
Date |
Public Hearings Held |
Total Submissions |
No. of hours spent |
Food Security in South Africa |
11-12/03/2003 |
Yes |
24 |
09:00 18:30 X 2 days |
Role of Private Sector in Agricultural Development |
9-16/06/2003 |
Yes |
23 |
09:00 18:30 X 2 days |
0 |
Subject |
Referral Date |
Date dealt with by the Committee |
Decision by the Committee |
No. of hours spend |
Cartegena Protocol on Biosafety |
? |
05/08/2003 |
Still in process (Need to confer with Environmental Affairs and Trade and Industry Committees) |
09:00 13:00 |
9. VISITS
NATIONAL VISITS: None
Period |
Places visited and purpose/objectives of such visit e.g. Fact finding investigations |
Number and names of Members attended |
Number of Staff |
Date Report Tabled |
Costs |
INTERNATIONAL VISITS: 1
Period |
Countries visited and purpose/objectives of such visit e.g. Fact finding investigations |
Number and names of Members |
Number of Staff |
Date Report Tabled |
Costs |
26 April to 1 May 2003 |
Zimbabwe (Harare) To study broadly the land reform programme against the background of the Communal Land Rights due to be introduced; The impact of the land programme on the stakeholders; The role of traditional leadership in land reform; and Shortcomings and successes in the implementation thereof. |
9 Members |
1 Committee Secretary |
ATC, 11/09/2003 |
R 136 000.00 |
MONITORING IMPLEMENTATION OF LEGISLATION:
Our Statutory Bodies are invited to come to brief the Committee on all their activities and monitor the implementation of legislations.
Donor |
Purpose |
POs Approval Date |
Amount |
|
|||
Distell |
Visiting of the vineyards and overview of Distell |
Transportation of Members |
|
This report gives an overview of activities performed by the Portfolio Committee as well as services rendered by officials to the committee.
The Constitution of the Republic of South Africa dictates that most of the work of Parliament be done in committee meetings, especially to fulfil its duty regarding legislative processes and overseeing the Executive and other organs of the State.
The Committee strived to achieve its vision and mission for good governance in a unified country, and to promote respect for, and the application of the Constitution of the Republic of South Africa.
The Committee performed remarkably well in achieving the vision and fulfilling its constitutional mandate with the limited resources available to it during the period under review.
The Committee accepts that it operates as one of the many mechanisms within one sovereign state as part of the instruments of the national government, and would recommend that the format of the annual report should be designed such that financial expenditure of the Committee is reflected.
12. FORMAL ADOPTION OF ANNUAL REPORT BY THE COMMITTEE:
The Committee adopted its Annual Report having been put to it, on 25 February 2004.
COMMITTEE CHAIRPERSON DATE
Mr NH Masithela, MP
CONTROL COMMITTEE SECRETARY DATE
Ms N C Manjezi
.
COMMITTEE SECRETARY DATE
Mr JM Boltina