South African Development Community protocol ratification on fisheries: Briefing; Business plan 2003-2006: Discussion

Meeting Summary

A summary of this committee meeting is not yet available.

Meeting report

Minutes of the Select Committee on Land and Environmental Affairs

4 June 2003

Documents handed out:
SADC protocol on Fisheries
Draft Business Plan for the Select Committee on Land and Environmental Affairs (Appendix - final version to be completed later)

Marine and Coastal Management briefed the Committee on the Southern African Development Community protocol on fisheries. It was accepted for ratification by the Committee. Some details of the trip to Mozambique and Namibia were discussed. The Business plan for the committee was tentatively accepted, with the understanding that there would be room for discussion at a later stage.


Southern African Development Community (SADC) Protocol on Fisheries
Mr Buthelezi, Chief Director, Resource Management of Marine Coastal Management presented the proposed protocol to the Committee. He went through the process of formulation, starting at a workshop in Windhoek in 1997.

The objective of the protocol is to promote responsible and sustainable use of the living aquatic resources and ecosystems of the SADC region. Mr Buthelezi summarized the provisions of the protocol, which incorporated a broad range of law enforcement and resource development issues.

Mr Buthelezi summarized the advantages of ratification:
The harmonization of policies and legislation around fisheries management
The enhancement of management of unsustainable resources
Opportunities for common policies between member states
The demonstration of South Africa's commitment to regional co-operation and economic integration
Joint negotiations about foreign fishing access
Access to financial resources
Opportunities for exchange of scientific information

He mentioned that there had been some concerns regarding a conflict with the United Nations Convention on the Law of the Sea (UNCLOS), but stated that this has been clarified: member states had to go to the SADC tribunal before they could utilize UNCLOS.

Mr Buthelezi summarized who had agreed to ratification so far, and requested approval for ratification from the Committee.

Mr Windvoel (Mpumalanga) asked what the financial implications of the protocol were. He was concerned that some of the member states had little capacity.

Mr Buthelezi stated that each country would be financially responsible for itself. There would be no drain on the financial resources of South Africa.

Mr Windvoel also asked how the protocol would contribute towards poverty alleviation.

Mr Buthelezi replied that subsistence fisheries were recognized as an important component in the protocol. Access of disadvantaged communities to resources was specifically addressed in the protocol. The compliance vessels that South Africa was acquiring could result in financial remuneration for South Africa if they are utilised other countries.

The Chair and Ms Thomson (ANC) asked for more information on the compliance vessels.

Mr Buthelezi stated that these vessels would be received in three years time. This was a South African initiative to safeguard SA's resources. There would be both inshore and offshore vessels. Offshore vessels might be utilised by other countries to identify and report on poaching/fishing irregularities in their waters and that it was possible that South Africa would get financial remuneration for this.

Ms Vilakazi (IFP) asked whether all SADC states, including non-coastal states, were involved in the protocol.

Mr Buthelezi stated that all 14 member states were involved, as all states had either fresh, or salt-water fishing interests.

Ms Thomson asked for more information on the benefits to disadvantaged communities. She stated that she had understood that communities were not satisfied with the regulations.

Mr Buthelezi replied that the Marine Living Resources act emphasized the importance of subsistence fisheries, but that, in order to protect the resources from any form of over-utilization, even subsistence fishers needed to have a permit. He said that there was no conflict of interest.

Ms Versfeld (DA) asked for some specific details on the subsistence permits, to which Mr Buthelezi replied that the information was available, but, as it did not directly relate to the proposed protocol, he did not have the answers to hand.

Ms Thompson proposed that the protocol be accepted. This was seconded.

Ms Versfeld stated that before the DA would accept the protocol they would first like to see a report on the state of the fisheries in all the countries, so see what sort of inequalities existed. The chair and Mr Buthelezi replied that this issue was exactly what the protocol was trying to resolve, and therefore that it should be accepted.

The committee agreed to recommend that the protocol be ratified in terms of section 2312. Ms Versfeld re-iterated that the DA was against this decision unless there was information on the stance of other countries.

Trip to Mozambique and Namibia
The committee agreed to visit both countries in one trip. There was some discussion about who would take part in the trip.

Draft Business plan for Select Committee on Land and Environmental Affairs
The chair stated that the business plan had been reformulated at a workshop. He asked whether the committee accepted the revised plan. Although various members stated that they would like clarification on various issues, it was agreed to support the Business Plan, with the understanding that it could be revisited as the draft version needed to be amended and formally adopted.

The meeting was adjourned.

Business Plan for the Select Committee on Land and Environmental Affairs

2003 - 2006

1. Mandate of the Select Committee on Land and Environmental Affairs

1.1 General

To scrutinise legislation and other policies that impact on the spheres of Environmental Affairs and Tourism, Water affairs and Forestry, and Agriculture and Land Affairs.

To facilitate governance relationship with structures like: SATOUR, the Land Bank and the Land Claims Commission.

2. Mission of the Select Committee

To instil a people-centred culture of acceptable service delivery that utilises all available resources to realise and sustain a better life for all.

3. Vision

To this end the Select Committee on Land and Environmental Affairs -

Aims to transform the conduct of the Committee's business to be sensitive to provincial interests at the National Level; and to learn how best to serve its people by being aware of international best practice in the relevant fields under its jurisdiction.

4. Core Objectives

The Priority Areas for a Select Committee is the set of objectives identified for the ongoing business of a Committee as derived from the mission.

The Priority areas for Select Committee on Land and Environmental Affairs:

Core Objective 1: Process New Legislation

Core Objective 2: To process amendment of existing/obsolete legislation

Core Objective 3: To facilitate oversight functions over the Department of Environmental Affairs and Tourism.

Core Objective 4: To facilitate oversight functions over the Department of Water Affairs and Forestry.

Core Objective 5: To facilitate oversight functions over the Departments of Agriculture and Land Affairs.

Core Objective 6: To facilitate cooperative governance by passing international protocols and approving the appointment of members to specific boards.

5. Customer and client analysis for the Select Committee

Our customers/clients are:

Department of Environmental Affairs and Tourism

Marine and Coastal Management


Department of Land Affairs

Land Bank

Department of Water Affairs and Forestry

Department of Agriculture


Provincial Legislatures (MPLs; MECs; Premier and other)

Our stakeholders are:

Organised Groups (NGOs and CBOs)

Other Select Committees


6. Challenges and problems

The following challenges were identified:

Effective functioning of the Committee

Clustering of Committees - Agriculture, Land Affairs, Water Affairs and Forestry, Environmental Affairs and tourism.

Effective communication

Effective scrutiny of delegated legislation

Improve public participation

Scrutiny of Committee reports

The following problems were identified

Participation of Provinces (low level)

Lack of utilisation of acquired skills

Lack of integrated planning

7. Main tasks for Select Committee on Local Government and Administration

Main Tasks




Time Frame

Process Legislation






Amend legislation


Briefings by Departments

Reading of Bills

Analysis of Bills

Research Conducted

Briefing of Provinces

Discussion of Mandates

Amendments formulated

Drafting of Amendments

Passing Legislation

Conduct Public Hearings


Briefing of Provincial Committees by Permanent Delegates

Table Reports


Drafting of Reports

Legislation amended









Public Hearings Conducted.


Reports Tabled



All Committee Members


Departmental Officials

State Law Advisers





Permanent delegates



Committee Secretary

















Facilitating Co-operative Governance

Ratification of Protocols


Briefing by Departments

Ratification of the Protocol

Approval of members of Public Bodies


Consideration of Lists of members of Public Bodies

Protocols Ratified.



Members of public bodies appointed.

All Committee members.



All Committee members






Conducting oversight

Scrutinising Budget Votes

Scrutinising Annual Reports

Scrutinising Strategic Plans

Actions (for all of the Above)

Briefing by Depts.

Checking implementation of legislation


Visits to provinces

Monitoring Land Claims Commission


Briefing by Land Claims Commission

Visits to Provinces.

Monitoring Activities of DEAT, DWAF, NDA, DLA


Briefing by Departments

Visits to Provinces

Monitoring water and sanitation installations in KZN


Monitoring provincial department of DWAF in KZN.

Monitoring Land Bank


Visit to Land Bank

Monitoring Food Security in Provinces


Visits to Provinces

Monitoring consolidation of Legislation on Tenure Reform


Briefing by DLA

Monitoring process for recycling used tyres


Briefing by Department.

Budget Votes Scrutinised

Annual Reports Scrutinised

Strategic Plans Scrutinised





Implementation of legislation checked




Land Claims Commission monitored




Depts monitored






Water and sanitation in KZN monitored




Land Bank monitored



Food security monitored




Legislation on Tenure Reform monitored



Recycling of used tyres monitored




All Committee Members

All Committee members

All Committee members





All Committee members




All Committee members





All Committee members





Selected Committee members




Selected Committee members


Selected Committee members



All Committee members




All Committee members



























December 2003.





September 2003.



July 2004.





August 2003.










8. Strategic objectives for the Select Committee on Land and Environmental Affairs.

Key Objectives




Time Frame

Seeking to improve the funding and marketing of the products of aquaculture

Chairperson's visit to Norway

Visit to Norway undertaken

Chairperson of Committee

December 2003.

Seeking to observe aspects of agriculture in Mozambique and Namibia, especially emerging farmers

Study Tour to Mozambique and Namibia

Study Tour to Mozambique and Namibia undertaken

Selected Committee members

July 2003.


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