This report gives an overall account of activities performed by the Committee as well as services rendered by the officials to members. The National Assembly is a people driven institution and its delivery cannot be measured against tangible results, but against the quality of services provided to the people of South Africa.

In other words the performance of our committee should not be measured against the number of sitting days or the number of Bills passed in a particular year, but against the quality of performing its constitutional duties. During the period under review, the committee worked towards fulfilling the Vision and Mission of the national Parliament.

As the Committee, we derive our authority from the Rules of the Assembly, Joint Rules of both Houses and the Constitution of the Republic. Parliament, as the assembly of freely elected representatives of the people of South Africa, has a mission to represent, and to act as a voice of the people, in fulfilling their constitutional functions of passing legislation and scrutinising the actions of the executive.

Parliament’s vision is to build an effective peoples institution that is responsive to the needs of the people and that is driven by the ideal of realising a better quality of life for all South Africans. The vision will be reached through the implementation of strategic objectives namely:

• Building an oversight process that ensures a quality process of scrutinising and overseeing government’s action, and that is driven by the ideal of realising a better quality of life.

• Further build a people’s Parliament that is responsive to the needs of the people of South Africa, deepening public participation and involvement, and being people –centred.

• Build an effective and efficient institution through the Service Delivery Improvement Programme.

To effectively contribute to the socio-economic development and implementation of legislation and policies that had direct impact on agriculture and land reform, and to monitor the progress by departments in achieving the strategic objectives and those of the economic cluster.

Work more vigorously to ensure enhancement of public participation through proactive consultation and effective communication with stakeholders in realising our mission, which involves making sure that government departments deliver, thus contributing to poverty eradication, sustainable food security and creating a prosperous agricultural sector.

The Committee exercises oversight function on the following statutory bodies:

The board was established in terms of Section 2 of the Perishable Products Export Control Act, 1983 (Act No. 9 of 1983). The board controls the export shipment of perishable products from South Africa and the order of shipment at all ports, makes recommendations on the handling of perishable products when moved to and from railway trucks and other vehicle or cold stores; and promotes uniform freight rates for the export of perishable products.

The Council was established in terms of section 2 of the Agricultural Research Act, 1990 (Act No. 86 of 1990). The Council is the principal agricultural research institution in the country. It provides agricultural research and development, technology and support to the agricultural community. In addition, the council is the custodian of the country’s national collections of insects.

The marketing council was established in terms of section 3 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996). The core mandate of the NAMC is to do investigations and advise the Minister of Agriculture and Land Affairs on agricultural marketing policies and their application, and to co-ordinate agricultural marketing policy in relation to national economic, social and development policies and international trends and developments.

The company was established in terms of the Onderstepoort Biological Products Incorporation Act, 1999 (Act No.19 of 1999). OBP is a bio-technical company manufacturing vaccines and related products for global animal health care industry.

The Bank was established in terms of section 1 of the Land Bank Act, 1912 (Act No. 18 of 1912), which was repealed by section 53 of the Land Bank Act, 1944 (Act No. 13 of 1944), which was again repealed by the Land and Agricultural Development Bank Act, 2002 (Act No. 15 of 2002). The Bank operates as a development finance institution within the agricultural and agribusiness sectors. Provides a range of finance options to a broad spectrum of clients in the sector, including entrepreneurs, women and youth, through its network of 27 braches and 37 satellite offices.

Khula Land Reform Empowerment Facility is a Section 21 company that was formed by Khula Enterprise Finance Limited in 2003 as mandated by the Department of Land Affairs, to advance money received from donors for the establishment of commercially viable projects on redistributed land.

The Commission was established in terms of the Restitution Act, 1994 (Act No. 22 of 1994). The mandate is to provide equitable redress to victims of racial land dispossession. Provide access to rights in land, including land ownership and sustainable development; and to foster national reconciliation and stability. Improves household welfare, underpinning economic growth, and contributing to poverty alleviation.

Bala Farms (Pty) is a state-owned company created by the former Bophuthatswana administration to buy and administer farms outside the homeland territory. The company is being deregistered in line with the Department of Land Affairs land reform policy.

Ncera Farms (Pty) is a public company listed under schedule 3B in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended. The Department of Land Affairs is the sole shareholder. It is situated in the Eastern Cape on the state-owned land of approximately 4 000 hectares, and is dedicated to assisting small and emerging farmers through various services to the surrounding rural communities in the form of advice, extension services, training and so on.

The Ingonyama Trust was established in terms of the KwaZulu-Natal Ingonyama Trust Act, 1994 (Act No. 3 of 1994). The Act was amended by the National Act of 1997 (Act No. 9 of 1997). Amongst other things, the KwaZulu-Natal Ingonyama Trust Amendment Act provided for the establishment of the Ingonyama Trust Board. The core business of the trust is to manage its 2.7 million hectares of land, spread throughout KwaZulu-Natal, for the material benefit and social well being of individual tribe members.

As in the past, committee work consumed most of the Members time during the period under review. This was as a result of the activities the Committee was engaged with.

During the period under review, the following matters appeared before the Committee:

07- 09 February 2005 – Portfolio Committee training on policy matters

15 February 2005 – Meeting with the Ongeluksnek Farmers Association

22 February 2005 – Briefing by the Department of Agriculture on Agricultural

01 March 2005 – Budget hearings on Vote 25 & Strategic Plan for 2005/06

04 March 2005 – Briefing by Agricultural Research Council and National

Agricultural Marketing Council on budget hearings &

Strategic plans for 2005/06

08 March 2005 – Briefing by Onderstepoort Biological Products and

Perishable Products Export Control Board on

Budget hearings & strategic plans for 2005/06

10 March 2005 – Briefing by the Minister on the investigations of the

Mpumalanga Regional Land Claims Commission;

11 March 2005 – Briefing by Land Bank and Ncera Farms on budget

strategic plans for 2005/06;

15 March 2005 – Briefing by Department of Land Affairs and Ingonyama Trust Board on budget and strategic plans for 2005/06;

18 March 2005 – Briefing by Commission on Restitution of Land Rights and

Khula Land Reform Empowerment Facility on budget

And strategic plans for 2005/6;

29 March 2005 – Informal deliberations with Swedish Parliamentarians.

05 April 2005 – Briefing by Perishable Products Export Control Board on

Budget and strategic plan for 2005/06;

&

Briefing by Bala Farms (Pty) on deregistration of the

Company;

12 April 2005 – Meeting with the Faculty of Veterinary Science, University of

Pretoria

17 May 2005 – Informal deliberations on Sectional Title Amendment Bill

(B10 – 2005) & consideration of the Committee

Programme for 2^nd Term, 2005;

25 May 2005 – Appointment of the Acting-Chairperson

27 May 2005 – Meeting with Gauteng Land Claims Committee at

Ekurhuleni Municipal Council (GAUTENG)

31 May 2005 – Formal consideration of Sectional Titles Amendment Bill

&

Consideration of report on Ongeluksnek Claim;

07 June 2005 – Consideration of Annual Report of the Commission on

Restitution of Land Rights & Adoption Committee Report

On Budget Hearings;

14 June 2005 – Briefing by Department of Agriculture on South African

Abbatoir Corporation Act Repeal Bill (B21- 2005);

15 June 2005 – Briefing by Minister of Agriculture and Land Affairs on

Developments in the ARC;

21 June 2005 – Briefing by National Agricultural Marketing Council on

Food Pricing Monitoring Final Report and

Consideration of draft report on Gauteng visit;

23 August 2005 – Consideration of the committee programme for the

3^rd Term, 2005

30 August 2005 – Briefing by Nkuzi Development on Farm Evictions in South

Africa from 1984 to 2004;

06 September 2005 – Briefing by Department of Agriculture on International

Plant Protection Convention

&

13 September 2005 – Briefing by Minister and Deputy Minister on Land

Summit and post summit processes;

Consideration of draft provincial oversight

Report; and committee 4^th Term program;

11 October 2005 – Appointment of Chairperson;

Informal briefing on GMO A/B (B34-2005) &

Consideration of Land Summit & Provincial Oversight

Reports

12 October 2005 – Consideration of Annual Report & Financial

Statements for 2004/05 (Agriculture);

12 October 2005 – Annual Report and Financial Statements of

Land Bank for 2004/05

&

Annual Report and Financial Statements of

Khula Land Reform Empowerment Facility for 2004/5

18 October 2005 – Annual Report and Financial Statements for 2004/5

(Land Affairs)

&

Adoption of Provincial Oversight and Land Summit

Reports; and preparations for the GMO A/B (B34-2005);

19 October 2005 – Annual Report and Financial Statements for 2004/05

Ncera Farms (Pty) Ltd

&

Annual Report and Financial Statements for 2004/05

(PAETA);

25 October 2005 – Annual Report and Financial Statements for 2004/05 National Agricultural Marketing Council (NAMC)

&

South African Human Rights Commission on 5^th

Economic and Social Rights Report;

26 October 2005 – Annual Report and Financial Statements for 2004/05

Onderstepoort Biological Products (OBP)

&

Annual Report and Financial Statements for 2004/05

Perishable Products Export Control Board (PPECB)

01 November 2005 – Annual Report and Financial Statements for 2004/05

Agricultural Research Council (ARC)

&

Annual Report and Financial Statements for 2004/05

Ingonyama Trust Board

02 November 2005 – Consideration of Committee Report on Departmental

Annual Reports and public entities reporting to the

Minister of Agriculture and Land Affairs

08 November 2005 – Briefing by Agriculture, Health, Environmental Affairs,

Science and Technology and Trade & Industry

Departments on their perspectives on the

Genetically Modified Organisms Amendment Bill

&

15 November 2005 – Briefing by Professor I. Parker, Faculty of Health

Science: University of Cape Town (Scientific

Perspective on GMOs)

For the period under review, the following Bills were referred to for consideration and report:

At the end of the period under review, the committee considered one international instrument referred to, the International Plant Protection Convention, tabled in terms of section 231(2) of the Constitution of the Republic, 1996 (Act No. 108 of 1996) for consideration and report to the House.

For the period under review, the committee undertook two provincial visits on different occasions.

The Committee undertook a visit to Gauteng on 27 May 2005. The delegation was a multi-party committee led by the Acting-Chairperson, Mrs E. Ngaleka (ANC) and included Mrs B.M Ntuli (ANC); Mr B.A Radebe (ANC); Mr Z. Kotwal (ANC); Mr T.D.H Ramphele (ANC); Mr S. Abram (ANC); Mr J. Bici (UDM); Mr M.V Ngema (IFP); and Mr P.J Nefolovhodwe (AZAPO). The Democratic Alliance mandated Mr G. Wolmarous from the Gauteng Provincial Legislature.

The following staff members accompanied the delegation for support: Mr J. Boltina (Committee Secretary) and Ms Zukiswa Jara (Committee Assistant).

The Chairperson, Mr J. Boers represented the Gauteng Provincial Standing Committee on Agriculture and Land Affairs. The Executive Mayor of Ekurhuleni represented by Mr Theo Rossouw, Councillor responsible for Housing.

The following members represented the Gauteng Land Restitution Claims Committee: Mr C. Khanyile; Mr Dodo Shiburi; Mr Morapeli Seuoa; Mr Jacob Manase; Mr Mohlalefi Mokoena; Mr George Meluva; Ms Catherine Ncwana; and Mr Ignatius Thipane.

Mr Tozi Gwanya represented both the National Commission on Restitution of Land Rights and the Department of Land Affairs. Regional Land Claims Commission: Gauteng and North West represented by Mr Blessing Mphela; Ms Annelize Roesch; and Mr Elton Greeve, Parliamentary Officer for Department of Land Affairs.

Objectives of the visit

The Portfolio Committee went there in response to a request made by Gauteng Land Claims Restitution Committee in August 2004. However, the committee could not honour the request as early as it could, because of many challenges including the demands and obligations imposed by the Parliamentary programme. Therefore, the committee was there to listen and took the request back to Parliament.

The portfolio Committee was informed that Gauteng Land Claims Committee consists of 29 areas in Gauteng and was formed in February 2004. The committee represents 66 000 people who were left out of the restitution process.

The Restitution of Land Rights Act (Act No. 22 of 1994) is generally perceived by the people as a good gesture of restoring the dignity of communities that were dispossessed. Such a gesture should heal the wounds, uplift the socio-economic standard of life and pave the way for genuine reconciliation. However, section 2(1) e of the Act has left a multitude of authentic potential Restitution of Land Rights claimants due to the cut-off date of 31^st December 1998.

The Portfolio Committee on Agriculture and Land Affairs undertook provincial oversight visits to KwaZulu-Natal, Mpumalanga and Limpopo from 1 – 13 August 2004. Subsequently to that visit the committee took a decision that the second phase of oversight work would be early in 2005. This would be to the Northern Cape, Free State and Eastern Cape.

However, the parliamentary programme in the first and second terms did not permit or have any space for such visits up to the end of July 2005. On the 14^th June, the Committee took a decision that the dates should be adjusted to 09 – 19 August 2005, which was also time set aside for oversight work according to the Parliamentary programme.

The purpose of the visit was two-fold. It was to oversee projects funded by the Department of Agriculture and Land Affairs, particularly on Landcare and restitution programmes;

Firstly, Land Care is one of the key rural development programmes of the Department since 1998. It is a programme that is informed by the Integrated Sustainable Rural Development Strategy of the government. Its objective is to foster community involvement in the management of the Environment and Natural Resources, while improving the quality of community life; and

Secondly, the purpose was to focus on land restitution projects that have been transferred by the Land Claims Commission. The committee focused on restitution to evaluate the Economic Impact of the Restored Land to Beneficiaries.

For the period under review, there was no international visit undertaken by the committee.

However, the committee hosted two international delegations. The Swedish and French Parliamentarians were in the country on the 10^th of March and 29^th of March respectively. Their main interests were on issues from the South African experiences on issues relating to rural development and agricultural development, urbanisation, service delivery, job opportunities in rural areas, health policy in particular on HIV/AIDS, and efforts to eradicate poverty.

The Portfolio Committee attached great importance to its oversight duty as required by the Constitution, and specifically financial oversight. A structured programme for financial oversight was developed, adopted and followed. Departments tabled their Budgets and Strategic Plans for 2005/2010.

Senior Departmental managers and Chief Executive Officers of the public entities were requested to appear before the committee to explain the state of their finances and to answer questions from members. The Portfolio Committee then considered these reports and compiled a Committee Report containing its findings and recommendations.

The report of the committee on financial oversight was tabled, discussed and adopted and referred to the House.

The recommendations adopted by the House were conveyed to the Departments and public entities for implementation in terms of Rule 307 of the Assembly.

Annual Reports play an important role in the processes of oversight function of Parliament. Annual report is an important mechanism by which department accounts to Parliament. Section 65 of the Public Finance Management Act, 1999 (Act No. 1 of 1999) requires the executive authority responsible for a department or public entity must table in the National Assembly – the annual report and financial statements and the audit report of those statements.

For the period under review, the following annual reports were referred to for consideration and report by the committee-

During the period under review, the under-mentioned reports were considered, adopted and referred to the House -

At the end of the period under review, the Portfolio Committee held three workshops as follows:

Initially, the committee submitted a budget amounted to R3.5 million for 2005/06 financial year. After intense negotiations with relevant stakeholders, all committees were requested to make budget cuts. On the basis of this request, the committee resubmitted a revised budget amounting to R1.9 million.

However, the final budget allocated to the committee for 2005/06 financial year was – R554 268.00

Expenditure

On the Tuesday, 14 June the committee hosted a farewell function for the ex-chairperson, Mr Neo Masithela at the Marco’s African Place Restaurant. This was in recognition of his contribution and guidance to the committee during his tenure as chair. A number of stakeholders and entities reporting to the committee were also invited. The farewell cost the committee R17 300.00. The debt was settled through sponsorships of R13 000 from the Land Bank and R4 300.00 from the Deciduous Fruit Producer’s Trust (DFPT).

In addition, members made personal contributions of R100 each. The money collected was used to purchase a Gift.

As at the end of the period under review, the following matters were still outstanding and were yet to be finalised:

• Final report on the Ongeluksnek Farmer’s Association Claim.
• Follow up meeting with the South African Banking Council.
• Further meeting with the National Agricultural Marketing Council on Food Pricing Monitoring Final Report.
• Public hearings on Foreign Land Ownership
• Public hearings on the Draft AgriBEE Framework.
• Visits to agricultural projects in and around the Western Cape.
• Oversight visit to KwaZulu-Natal province to evaluate progress on the implementation of Communal Land Rights Act (CLARA).
• Further briefing on the investigation of the Mpumalanga Regional Land Claims Commission.
• Follow up meeting with the (Faculty of Veterinary Science) University of Free State.
• Follow up meeting with Department of Agriculture on Comprehensive Agricultural Support Programme (CASP).
• Follow up meeting with the department of Agriculture on MAFISA funding and problems experienced at provincial level.
• Possible "closed special" meeting with Land Bank on (Bank interest rates).
• Meeting with Afrivet Business Management (Pty) Ltd (Animal Health Division) on "A single Act to control Veterinary Pharmaceuticals."
• Possible visit to Makhathini Cotton Farms in KwaZulu-Natal.
• Oversight visit to Onderstepoort Biological Products (OBP) Head Office and site visit & inspection of the new laboratory.
• Briefing by Department of Agriculture on Integrated Food Security and Nutrition Programme; International Strategy on Agriculture; Sustainable Agriculture; and Agricultural Trade Negotiations.
• Provincial oversight visit to North West, Gauteng, and Eastern Cape.

At the end of the period under review, the Portfolio Committee is supported by a staff compliment of 4 officials, namely:

Mr Jerry Boltina Committee Secretary

Ms Zanele Mene Acting Control Secretary

Ms Zukiswa Jara Committee Assistant

Ms Tembisa Pepeteka Committee Researcher

Ms Nomacebiso Mafani Assistant to Chairperson

* Appendix 1 - Minutes

* Appendix 2 - Master attendance register

* Appendix 3 - Reports

* Appendix 4 - Copies of budget statement / approvals

As we continue to celebrate eleven years of our democratic Parliament, we should take pride in the significant achievements we have made in entrenching democracy in the country.

The annual report indicates the challenges we are faced with in fulfilling our constitutional mandate as reflected by the core objectives, particularly in facilitating public participation in the legislative processes and exercising oversight on the Executive and government entities. Furthermore, the issue of follow-ups on oversight reports needs to be seriously looked at.

To date, we are proud to report back to the Assembly that all reports referred to have all been critically dealt with.

We made tremendous progress in encouraging and facilitating public participation of stakeholders in the sector. For example, after the closing date for written submission on the 18 November, the office has recorded almost 36 submissions in relation to the Genetically Modified Organisms Amendment Bill (B34 – 2005). This relates to the efforts by the committee to extend its public outreach activity, through the public hearings, to all communities using various instruments, such as newspapers, radios stations and direct approach to the people and institutions.

The annual report was considered, adopted and signed by Chairperson on behalf of the committee.

___________________________