Plant Health (Phytosanitary) Bill & Deeds Registries Amendment Bill: motion of desirability

Meeting report

The Chairperson said that the Committee Secretary had circulated the Plant Health (Phytosanitary) Bill [B14-2021] and the Deeds Registries Amendment Bill [B28-2022] before the meeting so that Members had a chance to go through both Bills. The purpose of the meeting is to decide on the motion of desirability of both Bills and then engage in deliberations on the Bills. If there are any proposed amendments, Legal Services are here to capture those amendments. Both Bills are fairly easy and clear and he did not foresee difficulties.

Motion of desirability: Plant Health (Phytosanitary) Bill [B14-2021]
The motion of desirability on the Plant Health (Phytosanitary) Bill was flighted on the screen.

The Chairperson read through the motion of desirability on the Plant Health (Phytosanitary) Bill indicating that no public submissions had been received. There had been inputs from Legal Services and there was no reason for the Committee not to process the Plant Health (Phytosanitary) Bill. He asked the Committee to adopt the motion of desirability.

Ms B Tshwete (ANC) moved to adopt the motion of desirability.

Ms Mahlo seconded the motion to adopt.

The motion of desirability on the Plant Health (Phytosanitary) Bill was adopted.

Deliberation on Plant Health (Phytosanitary) Bill
The Chairperson said that the Plant Health (Phytosanitary) Bill was now before the Committee. He asked if there were any proposed amendments.

Ms N Mahlo (ANC) agreed to the Plant Health (Phytosanitary) Bill without amendments.

Dr M Tlhape (ANC) said that she had no amendments and agreed to the Plant Health (Phytosanitary) Bill.

The Chairperson said that the Plant Health (Phytosanitary) Bill would be referred to Legal Services for further processing in preparation for finalisation.

Motion of desirability: Deeds Registries Amendment Bill [B28-2022]
The motion of desirability on the Deeds Registries Amendment Bill was flighted on the screen.

The Chairperson read through the motion of desirability on the Deeds Registries Amendment Bill indicating that no substantive written submissions were received. There were inputs from Legal Services and there was no reason for the Committee not to process the Deeds Registries Amendment Bill.

He asked the Committee to adopt the motion of desirability.

Dr Tlhape moved to adopt the motion of desirability as read.

Mr N Capa (ANC) seconded the motion to adopt.

The motion of desirability on the Deeds Registries Amendment Bill was adopted.

Deliberations on Deeds Registries Amendment Bill
The Chairperson said that the Deeds Registries Amendment Bill was now before the Committee. He asked if there were any proposed amendments.

Mr N Masipa (DA) said that he did not have a problem with the Bill. In the previous meeting, it was indicated that there is support for a recordal system. However, it was also indicated that the recordal system is done on the basis that there is legislation that supports this. In the deliberations, the Department stated that it will report on the implementation of this Amendment Bill. The Deeds Registries Amendment Bill must not be allowed to lapse when the Sixth Parliament ends and then one has to wait another five years or so to bring this legislation into operation.

The Chairperson said that this is noted. The Committee Report will ensure that this is highlighted. He asked if there were any other comments or amendments.

There were no further comments or amendments.

Dr Tlhape said that she agreed to process the Deeds Registries Amendment Bill.

Ms Mahlo seconded the motion.

The Chairperson said that the Deeds Registries Amendment Bill will be referred to Legal Services for further processing in preparation for finalisation.

Ms Nokuzola Mgxashe, Committee Content Advisor for Agriculture, said that she had connectivity difficulties earlier and could not raise her hand. She had a few concerns which were editorial in nature. Clause 15(6) of the Plant Health (Phytosanitary) Bill states that any phytosanitary certificate issued under subsection (5) shall indicate the country of origin of the consignment. Should it not say subsection (3) rather? The certificate is issued under section 15(3). Clause 24(3) states that the person referred to in subsection (2) must be designated as the chairperson of the appeal board. Clause 24(2) refers to (a) one person who must be appointed based on their knowledge in the relevant fields of the law and (b) two or more persons who have expert knowledge on the subject of the appeal must be appointed. Does clause 24(3) refer to (2)(a) or (2)(b)?

The Chairperson said that in Parliament if something is passed, it is not referred back to.

Dr Julian Jaftha, Acting Deputy Director-General: Agricultural Production, Biosecurity and National Resource Management, Department of Agriculture, Land Reform and Rural Development, replied that the intention is to refer to clause 24(2)(a). All these concerns will be dealt with in the B-version of the Plant Health (Phytosanitary) Bill.

The Chairperson said that he understood the difficulties of virtual meetings and said that these small drafting concerns will be attended to.

Mr Masipa said that the Committee should be able to apply its mind to clause 24(3). It could refer to any person in either (2)(a) or (b). Someone with expert knowledge might not necessarily make a good chairperson.

Closing remarks
The Chairperson said that the Bills will be sent to Legal Services and the concerns will be raised and considered in the final version of the Bill that the Committee adopts. The last meeting of the year will be next week.

There was a plenary sitting now at 10h00. He would see other Members in the corridors who attend the meeting physically. He encouraged everyone to be safe as it was the start of December. During this time, many people lose their lives due to reckless driving. Members should get the much-needed rest. Members should put their energy into their constituencies as they gear up for the new year of 2024, which also brings about the elections.

The meeting was adjourned.