Preservation and Development of Agricultural Bill: proposed amendments

Meeting report

The Chairperson was unable to attend the meeting and the Committee waited for there to be a quorum before nominating an Acting Chairperson. Ms B Tshwete (ANC) nominated Dr M Tlhape (ANC) as Acting Chairperson. Ms N Mahlo (ANC) seconded that. There were no further nominations.

The Acting Chairperson, Dr M Tlhape (ANC), noted the Committee would be considering the A-List of the Prevention and Development of Agricultural Bill [B8-2021]. The legal team had to provide a clean A-List and the Committee will now go through it clause-by-clause before adopting the A-List.

Mr Siviwe Njikela, Parliamentary Legal Advisor, Constitutional and Legal Services Office, said that the A-List was on the screen and it had been circulated to Members. His colleague, Ms Zingisa Zenani, would be taking the Committee through the A-List. The State Law Advisor was also present.

Preservation and Development of Agricultural Bill: proposed amendments (A-List)
The Acting Chairperson pointed out that the Committee would go through the A-List clause-by-clause and agree to each clause. At the end, the Committee would adopt the A-List. This will help the Committee to not get stuck in the process.

Ms Zingisa Zenani, Parliamentary Legal Advisor, took the Committee through the A-List clause-by-clause.

Clause 1
This clause dealt with the new definition of land owner to include a natural or juristic person.

The Committee agreed to clause 1.

Clause 5
The proposed amendment was to include other forms of media alongside the government gazette.

The Committee agreed to clause 5.

Clause 6
The amendment included inserting ‘other media’ after the word Gazette.

The Committee agreed to clause 6.

Clause 9
The amendment included inserting ‘other media’ after the word Gazette.

The Committee agreed to clause 9.

Clause 10
The amendment included to insert the words ‘other media’ after the word Gazette.

The Committee agreed to clause 10.

Clause 11
The amendment included to insert the words ‘other media’ after the word Gazette. The proposed amendment was to not only include food production but other agricultural production.

The Committee agreed to clause 11.

Clause 12
The amendment included to insert the words ‘other media’ after the word Gazette.

The Committee agreed to clause 12.

Clause 13
The amendment included to insert the words ‘other media’ after the word Gazette.

The Committee agreed to clause 13.

Clause 15
On page 12, in line 48, after ‘report’ to insert ‘where required’. On page 12, in line 48, to omit ‘by the Minister’ and to substitute ‘in terms of the Act’.

The Committee agreed to clause 15.

Clause 16
The amendment included to insert the words ‘other media’ after the word Gazette.

The Committee agreed to clause 16.

Clause 17
The amendment included to insert the words ‘other media’ after the word Gazette.

The Committee agreed to clause 17.

Clause 20
On page 14, in line 7, to omit ‘more than one organ’ and to substitute ‘or impacts one or more organs’. On page 14, in line 20, after ‘any’ to insert ‘information and’.

On page 14, from line 38, to omit subsection (2) and to substitute the following subsection:

‘(2)(a) The competent authority must consider an application for an agro-ecosystem authorisation and provide the applicant with a decision in respect of such application within 30 days of receipt of the application, or within a reasonable time as may be prescribed for certain specified agro-ecosystem authorisations and must, in the case of a refusal, provide written reasons for such refusal.

(b) The competent authority must keep and maintain a written record of all applications submitted for agro-ecosystem authorisations and the reasons for his or her decisions in respect of such applications.’.

On page 14, in line 41, after ‘(2)’ to insert (b).

The Committee agreed to clause 20.

Clause 21
The amendment included to insert the words ‘other media’ after the word Gazette. On page 15, in line 31, to omit ‘or’. On page 15, in line 33, to omit ‘,’ and to substitute ‘,and’.

A minor amendment was made to clause 21 to include someone who has been disqualified from serving as a director of a company in terms of Section 69 of the Companies Act.

The Committee agreed to clause 21.

Clause 23
The amendment included to insert the words ‘other media’ after the word Gazette.

The Committee agreed to clause 23.

Clause 24
The amendment included to insert the words ‘other media’ after the word Gazette.

The Committee agreed to clause 24.

Clause 26
On page 17, from line 14, to omit sub-paragraph (ii) and to substitute the following sub-paragraph:

‘(ii) subject to the provisions of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), information on the land owner and land user and where such land owner or land user is a natural person, the nationality and gender of such land owner or land user; and’.

The Committee agreed to clause 26.

Clause 31
On page 18, in line 55, to omit ‘previous’ and substitute ‘prior’.

The Committee agreed to clause 31.

Clause 34
The amendment included to insert the words ‘other media’ after the word Gazette.

The Committee agreed to clause 34.

Clause 35
On page 21, in line 8, after ‘authorisations’ to insert ‘, including the reasonable time within which a competent authority may consider and respond to applications for certain specified agro-ecosystem authorisations’.

The Committee agreed to clause 35.

The Acting Chairperson said that the Committee now had to adopt the A-List.

Mr N Masipa (DA) asked that Ms Zenani go back to clause 31 because he wanted to check something. He read out clause 31 and asked if it is now prior notice instead of previous. There are a large number of crimes and such issues on farms; there should be prior notice for visitation. He does not agree with the clause being retained. In the previous meeting, he had indicated that search and seizure by officials cannot be done without a warrant. The State Law Advisor had indicated that a warrant is needed for residential premises. The Committee should be cognisant of the fact that farmers typically live where they farm. The law of search and seizure should not apply to these farmers. The law states clearly that a warrant is needed for a search and seizure.

The Acting Chairperson said that she was patient and had allowed Mr Masipa to continue before calling a point of order. She thought that other Members would call for a point of order. There cannot be an Act if this Bill is not enacted. There had been time allocated for deliberations where concerns had been raised. There are instances where those issues do not see the light of day. There is no need for Members to go back. The Committee went over clause 31 and it was agreed to. If issues do not fly, one must accept it.

Ms Tshwete said that she did want to raise a point of order but did not want to speak while Mr Masipa was speaking. Objections and suggestions had been raised during the deliberations which took place over three weeks. Hence, Legal Services were also called. There is nothing to note because it has been deliberated on. Some of the concerns and suggestions during deliberations did not see the light of day and were not accepted. The clause had been read and agreed to. She did not agree that the Committee should note anything. The A-List should be adopted.

Ms Mahlo seconded that the A-List should be adopted.

The Acting Chairperson said that the A-List has now been adopted. The Committee expects the B-version of the Bill to be ready for the 28 November 2023 meeting for consideration and adoption. The meeting on 28 November 2023 will take place in Parliament.

The meeting was adjourned.