Plant Health (Phytosanitary) Bill: Negotiating Mandate; PDAL Bill: Final Mandate; National Nuclear Regulator A/B: Committee Report

Meeting report

The Chairperson informed the Members that it was 12:00 and inquired if the Committee could commence the meeting. She then proceeded to welcome everyone, including the Department of Agriculture, Land Reform, and Rural Development, along with advisors from Parliament, State Law Advisors, and legal advisors. Without individually naming them, she extended greetings to the representatives from the provinces, reassuring them of their inclusion in the meeting.

Regarding the technical issue encountered earlier, she explained that the meeting was initially scheduled for 11:00 but was delayed due to technical problems at 10:45. She expressed her hope for acceptance of her apology for the inconvenience caused by the delay. Following this, she urged prompt action to resolve the technical matter and expressed her eagerness to commence the meeting.

She asked the Committee Secretariat to display the agenda for the day to facilitate the start of proceedings.

The Committee Secretariat outlined the items on the agenda: the negotiating mandate meeting concerning the Plant Health (Phytosanitary) Bill [B14B-2021] S76; the final mandate meeting regarding the Preservation and Development of Agricultural Land Bill [B8B – 2021] s76, adoption of the report on the nuclear Bill from the previous Tuesday, and adoption of the report on the final mandate regarding the Preservation and Development of Agricultural Land Bill.

Final Mandates on Preservation and Development of Agricultural Land Bill [B8B-2021]

Eastern Cape

Ms Jeanne le Roux, Committee Researcher, informed the Committee that she would read out the final mandates from provinces. She read through the Eastern Cape Provincial Legislature's final mandate concerning the Preservation and Development of Agricultural Land Bill [B8B – 2021]. The deliberation occurred on 5 May 2024. The province voted in favour of the Bill and mandated the Eastern Cape permanent delegate to the National Council of Provinces to vote similarly.

Free State

Ms le Roux announced the final voting mandate from the Free State Legislature regarding the Preservation and Development of Agricultural Land Bill [B8B – 2021]. She stated that the deliberation took place on 7 May 2024. The Free State Legislature voted in favour of the Bill.

Gauteng

Ms le Roux proceeded to provide information about the final voting mandate from the Gauteng Legislature concerning the Preservation and Development of Agricultural Land Bill [B8B – 2021]. She noted that the deliberation occurred on 6 May 2024. The Gauteng Provincial Legislature expressed support for the principle and details of the Bill, thus voting in favour of it.

KwaZulu-Natal

The Committee Secretariat then informed the meeting that the KwaZulu-Natal Provincial Legislature had not yet submitted its mandate due to their recent adjournment. He anticipated its submission before the meeting concluded but suggested moving forward with other provinces in the meantime.

Limpopo

Ms le Roux then presented the final mandate from the Limpopo Legislature on the Preservation and Development of Agricultural Land Bill [B8B – 2021]. The Limpopo Provincial Legislature voted in favour.

Mpumalanga

Ms le Roux presented the final mandate from the Legislature of Mpumalanga regarding the Preservation and Development of Agricultural Land Bill [B8B – 2021]. She noted that the deliberation occurred on 7 May 2024. The Legislature's decision was to confer the delegation representing Mpumalanga in the National Council of Provinces with a mandate to vote in favour of the Bill.

Northern Cape & North West

Ms le Roux proceeded to announce the final mandates received from the Northern Cape Provincial Legislature and the North West Provincial Legislature. She stated that both mandates concerned the Preservation and Development of Agricultural Land Bill [B8B – 2021].

For the Northern Cape Provincial Legislature, the deliberation took place on 6 May 2024. The Legislature expressed support for the Preservation and Development of Agricultural Land Bill.

Regarding the North West Provincial Legislature, the deliberation occurred on 7 May 2024. The Legislature voted in favour of the Preservation and Development of Agricultural Land Bill [B8B – 2021], contingent upon no changes being made to the Bill during discussions by the Select Committee. It was clarified that the final mandate would serve as a voting mandate.

Western Cape

The Western Cape did not submit its final mandate.

Final Mandates on Plant Health (Phytosanitary) Bill [B14B-2021]

Eastern Cape

The Committee Secretariat noted that the Eastern Cape had not submitted its final mandates. The Chairperson acknowledged this information.

Ms le Roux proceeded to provide details on negotiating mandates received from different provinces.

Free State

For the Free State Legislature, the negotiating mandate concerned the Plant Health (Phytosanitary) Bill [B14B – 2021]. The deliberation took place on 2 May 2024. The Portfolio Committee on Agriculture, Rural Economic Development, Small Business, Sport, Arts, and Culture, designated by the Free State Legislature, voted in favour of the Bill.

Gauteng

Regarding the negotiating mandate from the Gauteng Provincial Legislature pertaining to the Plant Health (Phytosanitary) Bill [B14B – 2021], the deliberation occurred on 6 May 2024. The Gauteng Provincial Legislature expressed support for the principles and details of the Bill.

KwaZulu-Natal

The KwaZulu-Natal province did not submit a mandate.

Limpopo

Ms le Roux provided details on the negotiating mandate received from the Limpopo Provincial Legislature concerning the Plant Health (Phytosanitary) Bill [B14B – 2021]. The deliberation occurred on 26 April 2024. The votes of the Legislature indicated support for the Bill, with the provincial permanent delegate instructed to negotiate in favour of it, taking into consideration the inputs and comments from the public, as attached in the report.

The Committee Secretariat interjected, addressing the Chairperson. He mentioned that he had reviewed the report and clarified that there were no proposed amendments, only comments and inputs. He assured the Committee that he would send the full report with the mandate to the Department after the meeting. The Department could then discuss these comments and inputs with the province. He conferred with the permanent delegate from Limpopo – stating that it was her mandate and decision.

The Chairperson addressed Ms T Mamorobela (ANC, Limpopo), seeking her input on whether they should include all the comments in the Bill or if they should read them all today, or alternatively, if they should compile a report based on the comments.

Ms Mamorobela responded and suggested that because the comments were only comments, they should be added to the report and not read out loud.

The Chairperson asked Ms le Roux to continue with final mandates.

Mpumalanga

Ms le Roux then proceeded to provide information on the negotiating mandate received from the Mpumalanga Provincial Legislature regarding the Plant Health (Phytosanitary) Bill [B14B – 2021]. She mentioned that the deliberation took place on 7 May 2024. After considering the Bill, the Portfolio Committee on Agriculture, Rural Development, Land, and Environmental Affairs conferred the mandate on the permanent delegate representing the Mpumalanga Province and the NCOP permanent delegate to negotiate in favour of the Bill.

Northern Cape

Ms le Roux proceeded to provide details on the negotiating mandate received from the Northern Cape Provincial Legislature. She informed the meeting that it concerned the Plant Health (Phytosanitary) Bill [B14B – 2021]. The deliberation occurred on Friday, 26 April 2024. The vote of the Legislature was in favour of the Bill.

The Committee Secretariat informed the meeting about the current status of pending mandates. The North West province still needed to send its mandate on the Plant Health (Phytosanitary) Bill, while KwaZulu-Natal had yet to send its final mandate for the Preservation of and Development of Agricultural Land Bill. These were two ongoing processes that had not been finalised.

The Secretariat suggested an alternative course of action. If Members were willing to wait, they could proceed to discuss the report of the Nuclear Regulator Amendment Bill, which everyone agreed upon last week. The report only needed to be adopted. Alternatively, they could adopt the minutes and then return to the discussion of the mandates once they were available.

The Secretariat sought confirmation whether the Chairperson wished to proceed with this suggestion.

The Chairperson was in agreement with this suggestion.

Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on the National Nuclear Regulator Amendment Bill [B25B - 2023] (National Assembly – Section 75)

The Committee Secretary, Mr Asgar Bawa, began by presenting the report of the Select Committee on Land Reform, Environment, Mineral Resources, and Energy on the National Nuclear Regulator Amendment Bill [B25B-2023], dated 7 May 2024.

He outlined the process, stating that the Bill was referred to the Committee on 14 March 2024 after the Department of Mineral Resources and Energy briefing on 9 April 2024. An advertisement was placed on the parliamentary website and electronic media platforms to call for public comments, resulting in only two submissions received by the Committee. These submissions were from ESKOM and the Western Cape Department of Local Government, Environmental Affairs and Development Planning.

During deliberations on 2 May 2024, concerns were raised regarding grammatical errors, the clarification of terms, inconsistencies in the use of terms compared to the International Atomic Energy Agency (IAEA), and the enforcement of administrative plans by the regulator.

In response to these concerns, the Department clarified that references to the IAEA closely are subject to national law and legislative changes, and differences between glossary terms and legislative terms are aligned with national legislation. The Department also clarified that the Bill was indeed aligned with the Constitution and other legislative processes.

Following these deliberations, the Committee sought clarification from the state law advisor regarding the history of bills signed into law by the President being later changed in court and found to be unconstitutional. The state law adviser confirmed that none of the bills the Committee had worked on had been found to be unconstitutional.

Concluding, Mr Bawa stated that the Select Committee on Land Reform, Environment, Mineral Resources, and Energy, having deliberated on the National Nuclear Regulator Amendment Bill [B25B-2023], recommended its adoption without amendments.

Ms L Beebee (ANC, KZN) moved for the adoption.

Mr Z Mkiva (ANC, Eastern Cape) seconded the motion.

The report was duly adopted https://pmg.org.za/tabled-committee-report/5829/

Final Mandate on Preservation and Development of Agricultural Land Bill [B8B – 2021] (Cont)

Ms le Roux read the final mandate from the KwaZulu-Natal Provincial Legislature pertaining to the Preservation and Development of Agricultural Land Bill [B8B – 2021]. The KwaZulu-Natal Legislature convened on the same date, Tuesday, 7 May 2024, and reached a consensus to instruct the KwaZulu-Natal delegation to the National Council of Provinces to endorse the Bill.

Voting Results and Committee’s Report on the Bill

The Committee Secretariat confirmed to the Chairperson that there were eight mandates in support of the Bill. He noted that only one province, the Western Cape, did not submit a mandate, resulting in the Bill being agreed upon by the Committee without amendments. The Secretariat expressed his intention to proceed by reading the Committee report and then seeking a proposal to adopt.

Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on the Preservation and Development of Agricultural Land Bill [B8B – 2021] s76,

The Bill was referred to the Committee on 1 December 2023, as a Section 76 Bill. Comments on the Bill were solicited on 14 March 2024, coinciding with public hearings conducted by various legislatures. Following the conclusion of the public engagement process, the Committee held negotiating meetings with provincial legislatures on 30 April 2024.

After deliberation, the Select Committee on Land Reform, Mineral Resources, and Energy, having reviewed the Preservation and Development of Agricultural Land Bill [B8B- 2021], classified as a Section 76, reported back without proposing any amendments.

Mr I Ntsube (ANC, Free State) moved to adopt the report.

Ms Beebee seconded the motion and the report was duly adopted. https://pmg.org.za/tabled-committee-report/5828/

Final Mandates on Plant Health (Phytosanitary) Bill [B14B-2021] (Cont)

Ms Le Roux provided an update, stating that the negotiating mandate had been received from the North West Provincial Legislature concerning the Plant Health (Phytosanitary) Bill [B14B - 2021], with the date of deliberation on 2 May 2024. She informed Members that the Portfolio Committee on Economic Development, Tourism, Agriculture, and Rural Development had voted in favour of the Plant Health (Phytosanitary) Bill [B14B-2021].

Final Votes: Six provinces had submitted and voted in favour of the Bill. Three provinces had stated their reasons for not submitting.

The Chairperson acknowledged the situation, stating that three provinces had communicated their decision not to submit mandates due to specific reasons they had provided. These reasons were related to the nature of the Bill and the inability to expedite the process. Consequently, their requests were accepted. The Chairperson expressed gratitude and concluded that the legislative process had been completed.

She continued by expressing gratitude towards the Department, its team, and the legal advisors present in the platform. She thanked the Members of the provincial legislatures for their attendance at the meeting, highlighting its significance. The Chairperson encouraged continued participation in such meetings whenever possible. Concluding her remarks, she thanked everyone and announced the release of the attendees so that the meeting could progress.

Committee Minutes

Minutes dated 02 May 2024

Ms W Ngwenya (ANC, Gauteng) moved for the adoption. Mr Ntsube seconded the motion and the minutes were duly adopted.

The Chairperson concluded by stating that the minutes of 2 May were officially adopted by the committee.

Closing remarks

The Chairperson thanked the Members for their participation and assured them that she would not prolong the meeting unnecessarily. She recognised everyone's busy schedules and wished them luck with their respective duties. Finally, she expressed gratitude once more and bid farewell, looking forward to reconvening the following week.

Meeting adjourned.