Minutes of Proceedings

Meeting report

AGRICULTURE AND LAND AFFAIRS PORTFOLIO COMMITTEE
26 February 2004

COMMUNAL LAND RIGHTS BILL: ADOPTION OF NCOP AMENDMENTS

These minutes were provided by the committee clerk, Mr J Boltina

Relevant documents:
Communal Land Rights Bill B69C-03 (amendments approved by this Committee)
Communal Land Rights Bill B69D-03 (final version of the Bill)

Departmental Officials in attendance:
Mr Collin Brocker, Director: Legal Services - DLA
Dr Sipho Sibanda, Director: Land Tenure Implementation Systems - DLA
Ms Vuyi Nxasana, Chief Director: Land Reform and Support Services - DLA

Opening and Welcome
Chair opened the meeting and welcomed all members and departmental officials. He informed the meeting that he instructed the Committee Secretary to convene this urgent meeting. He said that it has hastily came to his attention that the National Council of Provinces (NCOP) was proposing further amendments on the Communal Land Rights Bill. Amendments appeared not fundamentally changing the substance of the Bill. He then proceeded to the items on the agenda:

Consideration of NCOP proposed amendments
Chair put the Proposed Amendments for discussion. NCOP proposed the following amendments:

CLAUSE 5

On page 6, in line 18, to omit all the words after "to" up to the end of line 19 and to substitute the following: Limitations and restrictions in relation to and rights or entitlements to such land;

CLAUSE 18

On page 10, from line 7, to omit sub-clause (5) and to substitute the following: (5) In the event of a dispute which relates to land contemplated in this section which is directly affected by such dispute, the Minister may adopt measures to ensure that such dispute is resolved, including mediation, other alternative traditional or non-traditional dispute resolution mechanisms or by a court.

CLAUSE 19

On page 10, in line 33, after "requirements", to omit "and values".
On page 10, in line 37, after "requirements", to omit "and intention".

CLAUSE 44

On page 16, after line 27, to add the following sub-clause: (2) Any regulations made under this section must be tabled in Parliament.


The Portfolio Committee discussed these amendments intensely and RESOLVED:

To reject CLAUSE 18 entirely;

To reject CLAUSE 19(2); and

To accept all other clauses.


Announcement

The Chair announced to members that these amendments would appear in the ATC of the following day. He also urged members who will come back to Parliament after elections, to join this Portfolio Committee again, because it was a wonderful experience to work with such a co-operative group.

The meeting adjourned at 17:30.




Present:


African National Congress

Mr S Abram
Ms OR Kasienyane
Mr Z Kotwal
Mr NH Masithela (Chairperson)
Ms NF Mathibela
Mr NW Mudau
Ms BM Ntuli
Ms ML Komape-Ngwenya
Ms AN Sigcau
Dr EA Schoeman
Ms E Ngaleka

Democratic Alliance

Mr AJ Botha
Mr S Farrow

Inkatha Freedom Party

Mr MV Ngema

African Christian Democratic Party

Ms C Dudley

Apologies:

Mr DM Dlali
Adv. SP Holomisa
Mr BA Radebe
Mr P Nefolovhodwe



________________________________
NH Masithela
Chairperson
PC on Agriculture and Land Affairs

Committee Room G26
Ground Floor, New Wing
Parliament