ANNUAL REPORT

[JANUARY 2003 TO FEBRUARY 2004]

 

  1. COMMITTEE: PC ON AGRICULTURE AND LAND AFFAIRS
    1. Chairperson: Mr NH Masithela
    2. Chairperson’s 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:

       

    3. Core Objectives:

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:

 

    1. List of entities overseen by Committee:
        1. National Agricultural Marketing Council (NAMC) – The Marketing of Agricultural Products Act (47 of 1996) established the National Agricultural Marketing Council in January 1997 to advise the Minister of Agriculture on the marketing of agricultural products. It facilitated the abolition of all agricultural marketing boards. Transfers to the NAMC are made from Agricultural Trade and Business Development.
        2. Agricultural Research Council – The Agricultural Research Council (ARC) is established by the Agricultural Research Act (86 of 1990) to provide for agricultural development, technology and support to the agricultural community. Transfer payments to the Council are funded from Sustainable Resources Management and Use. The Council competes for supplementary research funding from the Innovation Fund of the Department of Science and Technology.
        3. Land Bank – The Land Bank is an agricultural development Bank that provides financial services to diverse range of clients, including rural entrepreneurs who have traditionally been denied access to credit. Clients who meet repayment and loan security criteria have access to the land Bank long-term loans to purchase land. Historically disadvantaged people have access to the Land Bank’s Special Mortgage Bond. As a specialist financier guided by a new manadate, which requires it to promote rural development, the Land Bank focuses on:

        1. Onderstepoort Biological Products – Onderstepoort Biological Products Ltd became a state-owned public company on 6 September 2000. It produces and markets a variety of animal vaccine and related biological products for local and international markets.
        2. Ncera Farms Pty Ltd – This is a public company in which the Department of Agriculture is the sole shareholder. The purpose of the company is to help establish small and emerging farmers. Once the settlement of emerging farmers has been completed, the company will be closed.
        3. Perishable Products Export Control Board – The Board was established in terms of of the Perishable Products Export Control Board Act (9 of 1983) to control the export of perishable products from South Africa, and to oversee related matters. The Board carries out inspections and quality controls, and provides technical, market intelligence and information services.
        4. KwaZulu/Natal Ingonyama Trust Board – KwaZulu-Natal Ingonyama Trust was established in terms of the KwaZulu/Natal Ingonyama Trust Act (3 of 1994). This Act was amended by Act 9 of 1997. The amendment Act provides for the establishment of the Ingonyama Trust Board. The primary objectives of the Board is to administer Ingonyama Trust land, which covers some 3 million hectares, the former KwaZulu authority territory. The Ingonyama Trust Board came into operation on 2 October 1998.
        5. Inala Farm Company (Pty) Ltd – The properties are currently registered in the name of Inala Farm (Pty) Ltd and operations are conducted through Inala Farming Company. The workers, who are the beneficiaries formed a trust and are represented by a board of trustees. They used their grants to purchase 25% of shares in the Inala Farming Company, thus allowing their grants to be used as operating capital. Government holds all the shares in Inala Farm (Pty) Ltd.
        6. Commission on Restitution of Land Rights – Commission ensures that Land Restitution covers cases of forced removals which took place after 1913. These are being dealt with by the Commission and Land Claims Court established under the Restitution of Land Rights Act, 22 of 1994. Restitution strategic objectives, such as, access to land and redress for dispossessions; research and settlement of urban and rural claims; and post settlement support sustainable projects.

 

  1. SUPPORT:

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

    1. Legal Support (from Parliament): None
    2. Substitutes while staff on long leaves and internship programmes:

 

 

 

 

  1. COMPOSITION OF COMMITTEE

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 People’s 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 – Budget Hearings on Vote 30: Department of Land Affairs

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.

  1. LEGISLATION DEALT WITH:

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

           
  1. REPORTS TABLED
  2. 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

     

     

     


     

     

  3. SUMMARY OF NUMBER OF APPEARANCES BEFORE COMMITTEE:
    1. Minister: 3
    2. Deputy Minister: 10

    3. Government Officials: 24
    4. C.E.O.s of Statutory Bodies and Public Entities: 5
    1. Any other: 0
  1. CONFERENCES AND OTHER OFFICIAL BUSINESS ATTENDED BY THE CHAIRPERSON AND OTHER

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:

    1. PUBLIC HEARINGS
    2. 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

    3. INTERNATIONAL PROTOCOLS AND AGREEMENTS

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.

  1. SPONSORSHIP: 1
  2. Donor

    Purpose

    POs Approval Date

    Amount

     

     

       

    Distell

    Visiting of the vineyards and overview of Distell

     

    Transportation of Members

           
           

     

  3. RECOMMENDATION AND CONCLUSIONS

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