Report of the Select
Committee on Land and Environmental Affairs on its activities undertaken during
the 4th Parliament (May 2009 – March 2014)
Key highlights
1.
Reflection on
committee programme per year and on whether the objectives of such programmes
were achieved
2009-2010
UNFCCC-COP 15 (December 2009)
The Committee members participation in the UNFCCC-COP 15 Climate Change
negotiations in Copenhagen, Denmark provided welcomed insight into how the
Department of Environmental Affairs balances development with our international
obligations to reduce carbon emissions and transition to a low carbon economy.
2010-2011
Oversight visit to Eastern Cape
Ncora and Qamata Irrigation schemes were visited to assess the progress
made in re-vitailisating the agricultural potential of the irrigation schemes
as highlighted in the plan for the sector
2011-2012
Study tour to India (February 2012)
The study tour was arranged to investigate the the impact of the Mahatma
Gandhi National Rural Employment Guarantee Act and evaluate the application of
the scheme in the South African context. Further discussions to be held with
the Department of Rural Development on the feasibility of developing a
technology Demonstration Park, where rural technologies can be used to train
communities in a practical manner on how to implement rural development on an
area specific manner.
2012-2013
Expert Meeting on the Implementation of the Right to Food in Eastern and
Southern Africa (4-5
April 2012)
Convened by the United Nations Special
Rapporteur on the right to food Organized
by the Office of the High Commissioner for Human Rights (OHCHR) in cooperation
with the Food and Agricultural Organization of the United Nations (FAO)
Nairobi, Kenya • 4-5 April 2012
2013-2014
Key pieces of legislation passed to ensure coastal management, management
of marine resources, restitution, management of air quality and waste
management.
2.
Committee’s focus
areas during the 4th Parliament
·
The Committee has prioritised its work over the five year period to
primarily focus on, the Comprehensive Rural Development Programme (CRDP), Land
Reform Programme (including Restitution, PLAS and RECAP), Food Security (Zero
Hunger, Fetsa Tlala and Masibambisane), Small Scale Fisheries sector,
Comprehensive Agricultural Support Programme (CASP), Green Economy and Climate
Change, Ecological Infrastructure, Regional Bulk Infrastructure, Municipal
Water Infrastructure Programme, Water quality (Blue Drop and Green Drop) and
Water conservation (Ecological Reserve determination).
·
The Committee therefore conducted oversight visits in the Eastern Cape,
Kwa-Zulu Natal, North West and Limpopo provinces to monitor the implementation
of these key government programmes.
·
A study tour to India was organised to investigate the implementation of
rural development and the Mahatma Gandhi National Rural Employment
Guarantee Act.
·
Another key area of concern for the Committee
was the implementation of the Right to Food as enshrined in Section 27 (1)b of
the Constitution of South Africa (Act 108 of 1996).
3.
Key areas for future
work (For Committees consideration based on the Strategic Plan)
·
The involvement of the Agricultural Research Council (ARC) in supporting
the DAFF in providing adequate extension services to land reform beneficiaries
and smallholder farmers.
·
An evaluation of the implementation of the CRDP on the impact on the
lives of the rural communities within the land sector.
·
An evaluation of the land reform programme, specifically the PLAS, LRAD
and RECAP policies on transforming land ownership and rural economy in South
Africa.
·
The impact of the accelerated infrastructure programme on the critical
biodiversity areas, water resources and ecological integrity of the
environment.
·
The impact of the proposed hydropower plants on the Orange river (impact
on the ecological reserve and biodiversity, stream-flow) and obligations to ORASECOM
(is the international commission for the management of the Orange-Senqu river)
·
Legislative conflicts in the Mining and Environmental/Water sector and
the implications for environmental authorisation of mining activities.
·
Implementation of the food security/zero hunger programme on tackling
household level food insecurity and malnutrition
·
Monitor the response of the DAFF to the recommendations of the Special Rapporteur
on the Right to Food.
4.
Key challenges
emerging
Department of Agriculture,
Forestry and Fisheries (DAFF)
·
Implementation of extension services to smallholder farmers especially
land reform beneficiaries
Evaluate the state of extension services provided by the DAFF. The
current project has been outsourced to an external consultant and the final
report is still outstanding. Priority must be given to land reform
beneficiaries and smallholder farmers which are aligned with government’s Medium
Term Strategic Framework, Plan of Action and National Development Plan. The
Department needs to report on this quarterly.
·
Implementation of the Food Security and Zero Hunger Programme
The feasibility of the current terms of reference for the project, in
terms of limited resources (arable land and water) must be interrogated further.
The impact of the project on house-hold level food security must be monitored.
The Department needs to report on this quarterly.
·
Implementation of the Small Scale Fisheries Policy and Fishing Rights
allocation Process
Follow the proceedings with regards to the fishing rights allocations and
the appeals process as well as the alignment with the implementation of the
small scale fisheries policy. The Department needs to report on this quarterly.
·
Sustainability of Agricultural Co-operatives
The high failure rate of agricultural co-operatives is alarming and the
main causes needs to be investigated further. The sustainability of
agricultural co-operatives and the feasibility of the mechanism to drive local
economy development must be monitored and a strategy to ensure sustainability
must be developed. The Department needs to report on this biannually.
Department of Rural
Development and Land Reform (DRDLR)
Land Reform:
·
Outstanding land claims per province
The impact of the re-opening of the restitution process on the
outstanding land claims and the capacity of the DRDLR to manage this process
must be monitored. The associated budget allocations to implement the
restitution process must also be interrogated. The Department needs to report
on this quarterly.
·
Support provided to Land Reform beneficiaries
Extension services and financial support provided to land reform
beneficiaries must be monitored and the impact of RECAP on this process needs
to be monitored. The Department needs to report on this quarterly.
·
Green Paper on Land Reform (submitted but withdrawn)
The progress with regards to the submission of the Green Paper on land
Reform must be investigated, since the withdrawal of the initial Green Paper;
the DRDLR has not resubmitted the document to Parliament. The Department needs
to report on this biannually.
Rural Development:
·
Implementation of the Comprehensive Rural Development Programme (CRDP)
An investigation on the impact of
the CRDP on the lives of rural communities needs to be conducted independently.
The Committee needs to commission a study on this.
·
Green Paper on Rural Development (still to be drafted)
A key challenge is the Green Paper on Rural Development that still needs
to be presented to teh Committee. The CRDP was rolled out in the absence of any
green paper in this regard. The Department needs to report on the progress in this
regard biannually.
Department of
Water Affairs (DWA)
·
Implementation of the National Water Resources Strategy and Water for
Growth and Development
The progress with regards to the implementation of this policy needs be
submitted by the Department biannually.
·
Implementation of the Regional Bulk Infrastructure Programme (RBIG) and
Municipal Infrastructure Grant (MIG)
The impact of the RBIG and MIG on the access to water to all South
Africans needs to be closely monitored by the Committee, The Department needs
to report progress on this biannually.
·
Implementation of the bulk Waste Water maintenance systems and water
quality of Municipalities
The Green Drop and Blue Drop certification systems are in place and the
Committee needs to monitor the systems in place to assist municipalities not
achieving the certification standards as well as maintenance of the status. The
Department needs to report progress on this annually.
Department of
Environmental Affairs (DEA)
·
Impact of the Accelerated Infrastructure Programme and National
Infrastructure Plan on the biodiversity and conservation targets as set out in
the Convention on Biological Diversity.
The impact of the increase in infrastructure and development on the
environmental assets and ecological infrastructure needs to be established and
monitored. The Department needs to report on this annually.
·
Impact of Acid Mine Drainage (AMD) on the economy of the country
The establishment of the Inter-Ministerial Committee on Acid Mine
Drainage highlighted the importance of this phenomenon on the economy of the
country. The Committee needs to monitor the progress made by the Inter-Ministerial
Committee on AMD and the Department must provide a progress report on the
recommendations annually.
·
Green economy development
The contribution of green fund and the mainstreaming of the green economy
must be monitored by the Committee and the Department is to report on the
progress made in implementing the Green Economy Accord annually.
·
National Strategy for Sustainable Development (NSSD)
Monitoring and reporting on the implementation of the NSSD targets and
indicators.
·
Convention on Biological Diversity (Commitments and Targets)
Monitoring and reporting on the commitments of South Africa to the
Convention on Biological Diversity.
·
CITES
Monitoring and reporting on the impact of the Convention on conserving
the trade in threatened and exploited species.
·
UNFCCC
Monitoring and reporting on the Climate Change negotiations and
implementation of the Climate Change Policy as well as South Africa’s
transition to a low carbon economy.
5.
Recommendations (For the
Committees consideration)
Food Security
·
A national dialogue on the Right to Food and the Food Security Policy of
South Africa to be organised
·
A national dialogue on the Allocation of Fishing Rights and the
implementation of the Small Scale Fisheries Policy to be organised
·
A monitoring and reporting framework on key indicators need to be
developed for quarterly, biannual and annual reporting.
Rural Development
·
The Committee will commission a comparative analysis of the Comprehensive
Rural Development Programme models used in South Africa and India, following
the study tour to India.
·
A critical analysis of the implementation of the CRDP on the nine pilot
sites and the 22 distressed wards.
·
A monitoring and reporting framework on key indicators need to be
developed for quarterly, biannual and annual reporting.
·
Water AffairsThe impact of the RBIG and MIG on the access
to water to rural communities needs to be assessed.
·
A monitoring and reporting framework on key indicators need to be
developed for quarterly, biannual and annual reporting.
Environmental Affairs
·
The impact of the green fund in mainstreaming the green economy into economic
development must be further assessed.
·
A monitoring and reporting framework on key indicators need to be
developed for quarterly, biannual and annual reporting.
·
1.
Introduction
1.1
Department/s and
Entities falling within the committee’s portfolio
There were major changes and realignment of the mandates of the
Departments that the Committee conducts oversight over. These included the
removal of the Tourism mandate from the portfolio whilst the forestry and
fisheries mandate was moved to the Department of Agriculture, which resulted in
the Department being renamed Agriculture, Forestry and Fisheries. The other
major change within the sector included the establishment of the rural
development function which led to the realignment of the Department of Land
Affairs to Rural Development and Land Reform. The forestry function was removed
from the Department of Water Affairs and lastly the aquaculture component of
the fisheries management was removed from the Environmental Affairs portfolio,
which has resulted in several challenges within the fisheries sector.
1.1.1
Department
of Agriculture, Forestry and Fisheries (DAFF)
Mandate
The Directorate’s mandate is to facilitate
the development of subsistence producers through the provision of implements
and infrastructure. To also provide national frameworks to promote the
sustainable households and national food production by improving production
systems of subsistence producers in the agriculture, forestry and fishery
sector to achieve food security and sustainable livelihoods.
Strategic Goals (SG)
and Strategic Objectives (SO)
SG 1: Increased
profitable production of food, fibre and timber products by all categories of
producers
SO 1: Promote
efficient production, handling and
processing of food, fibre and timber
SO 2: Coordinate
government food security initiative
SO 3: Improve production systems anchored in commodities with a
competitive and comparative
advantage in each province
SO 4: Comprehensive
support towards rural development
SG 2: Sustained
management of natural resources
SO 1: Ensure the
sustainable management and efficient
use of natural resources
SO 2: Ensure protection
of indigenous genetic resources
SO 3: Increase
contribution to green jobs to
improve livelihoods
SG 3: Effective
national regulatory services and risk management systems
SO 1: Manage the
level of risks associated with food, diseases, pests, natural disasters and trade
SO 2: Establish and
maintain effective early-warning and mitigation systems
SG 4: A transformed
and united sector
SO 1: Increase
equity, ownership and participation of
PDIs
SO 2: Enhance systems
to support the effective utilisation of assets
SO 3: Improve social
working conditions in the sector
SO 4: Provide
leadership and support to research, training and extension in the sector
SG 5: Increased
contribution of the sector to economic growth and development
SO 1: Increase growth,
income and sustainable job
opportunities in the value chain
SO 2: Increase the
level of public and private investment in the sector
SO 3: Increase market
access for South African and African agricultural, forestry and fish products, domestically and internationally
SO 4: Increase
production of feedstock to support
the manufacturing sector
SG 6: Effective and
efficient governance
SO 1: Establish and strengthen co-operative
governance and functional relations with local and international stakeholders.
SO 2: Strengthen
policy, planning, monitoring, evaluation, reporting and sector information
SO 3: Provide
effective audit, investigate and legal, human resources and financial risk
management
SO 4: Improve
departmental service excellence through implementation of quality standards,
Batho Pele principles and general
legislative mandate.
SO 5: Provide
leadership and manage communication and information
1.1.2
Department of Environmental Affairs
Mandate
The
mandate and core business of the Department of Environmental Affairs is
underpinned by the Constitution and all other relevant legislation and policies
applicable to the government, including the Batho Pele White Paper. This is to
mainly ensure that Section 24, of the Constitution (environmental rights of
citizens) is enabled through the policies and programmes of the Department.
Strategic
Outcome-Orientated Goals and Strategic Objectives
(SOOG 1) Environmental
assets conserved, valued, sustainably used, protected and continually enhanced
(SOOG 2) Enhanced
socioeconomic benefi ts and employment creation for the present and
future generations from a healthy
environment
(SOOG 3) A department that is fully capacitated to deliver its services efficiently
and effectively
Strategic Objectives
Programme 1: Administration and support
Programme 2: Environmental Quality and Protection (EQP)
Programme 3: Oceans and Coast
Programme 4: Climate Change
Programme 5: Biodiversity and Conservation
Programme 6: Sector Services, Environmental Awareness and International
Relations
1.1.3
Department of Rural Development and Land
Reform
Mandate
To achieve "vibrant, equitable and
sustainable rural communities".
Strategic
Goals (SG) and Strategic Objectives (SO)
(SG 1) Sound corporate governance and service
excellence
(SO) Effective, efficient and fair human
resource management practices provided and ensured
(SO) Legal
services rendered to the entire department
(SO)
Improved service delivery within the department and rural communities through
the provision of ICT, knowledge and information
management
(SO) A
comprehensive result based planning, monitoring and evaluation system that
drives the organisation and ensure delivery on
expected outcomes provided
(SO)
Effectiveness and efficiency of corporate services improved by 2014
(SO)
Effective and efficient financial services provided by 2014
(SG 2)
Reformed policy, legislative and institutional environment
(SO) Develop
rural development and land reform policies and legislation by 2014
(SO) Institutional
reforms (Valuer-General, Rural Development Agency and Land Management
Commission) giving effect to the
department’s new mandate in place by
2014
(SG 3) Spatial
Equity
(SO) Promote
an equitable, sustainable land use and allocation by facilitating an integrated
land planning and administration system
by 2014
(SO) Comprehensive
Land Register verified and completed by2014
(SO) 30 000
hectares of state and Trust land surveyed and registered by 2014
(SO) Compliance
with land use management policies and legislation ensured by 2014
(SO) National
geospatial information and services in support of the national infrastructure
and sustainable development provided by
2014
(SG 4) Integrated
co-operative governance
(SO) 37
rural development delivery forums established and operational by 2014
(SO) 5
partnerships established and operational by 2014
(SG 5)
Sustainable agrarian reform
(SO) 1 140
860 hectares of strategically located land acquired and allocated within MTEF
baseline allocation by 2014
(SO) Restitution
of land rights or awards of alternative forms of equitable redress to claimants
finalised within MTEF baseline
allocation
(SO) Recapitalisation
and development support provided to black farmers, rural communities and land reform
beneficiaries by
2014
(SG 6) Improved
food production
(SO)
Establish food gardens and agri-parks in CRDP wards by 2014
(SO) 40%
increase in technological innovations and indigenous knowledge systems
harnessed in rural communities to improve food
production in 2014
(SG 7) Rural
Livelihoods
(SO) All the
poorest rural wards in all municipalities reached by 2014
(SO) Economic
infrastructure provided in rural areas effectively reducing spatial
inequalities by 5%
(SO) Social
infrastructure provided in rural areas effectively reducing spatial
inequalities by 5%
(SO) ICT
infrastructure provided in rural areas effectively reducing spatial
inequalities by 5%
(SO) Innovative
service delivery models developed and utilised in rural areas by 2014
(SO) Improved
disaster management services provided in rural areas and land reform projects
by 2014
(SG 8) Job
creation and skills development
(SO) 53 000
jobs created in all CRDP initiatives by 2014
(SO) Rural
communities and land reform beneficiaries in CRDP wards up-skilled and capacitated
by 2014
(SO) Scarce
skills training programmes provided by 2014
(SO) 25
village industries and 300 enterprises established by 2014
1.1.4
Department of Water Affairs
Mandate
The
Department of Water Affairs is mandated to ensure that South Africa’s water
resources are protected, managed, used, developed, conserved and controlled in
accordance with the requirements of the policies of the department, the Water
Services Act, 1997 (Act 108 of 1997), and the National Water Act, 1998 (Act 36
of 1998).
Strategic
outcome oriented goal (and Strategic objectives
(SOOG 1) Contribute to economic growth, rural
development, food security and land reform
(SO) To ensure the availability of water supply for
economic and domestic use
(SO) To improve programmes to create job opportunities
(SOOG 2) To promote sustainable and equitable water
resources management
(SO) Setting a strategic framework for water
management in the country
(SO) To ensure balance of water supply and demand
(SO) To improve the protection of water resources and
ensure sustainability
(SO) To improve equity in water allocation
(SO) To improve water use efficiency
(SO) To improve the management of the water resources
(SOOG 3) Strengthening the regulation of the water
sector
(SO) To improve the regulation of the
water sector
(SO) To improve the water use authorisation
(SO) To improve the protection of water
quality through compliance, monitoring and enforcement
(SOOG 4)Support local government to deliver water
services
(SO) Ensure the provision of local government
institutional support
(SOOG 5) Contribute to improved International
Relations
(SO) To coordinate strategic international water
cooperation
(SOOG 6) Building capacity to deliver quality services
(SO) To ensure organisational performance and
leadership
(SO) To ensure availability of the right skills
transformed socio-economic participation
1.1.5 Entities:
|
Name of Entity |
Role of Entity |
|
Entities
under the Department of Environmental Affairs |
|
|
South
African National Biodiversity Institute (SANBI) |
The (SANBI) was
established in September 2004 in terms of the National Environmental
Management: Biodiversity Act (2004). The Act expands the mandate of the
National Botanical Institute to include responsibilities relating to the full
diversity of South Africa’s fauna and flora, and build on the internationally
respected programmes in conservation, research, education and other visitor
services developed over the past century by the National Botanical Institute. The mandate of
SANBI is to monitor and report on the state of biodiversity in the country
and the mission is to champion the exploration, conservation, sustainable
use, appreciation and enjoyment of South Africa’s exceptionally rich
biodiversity for all people. The implementation of the international
Convention on Biological Diversity is also within this mandate. |
|
|
|
|
South African
National Parks (SANParks) |
The SANParks
established in terms of the National Environmental Management: Protected
Areas Act (2003), and manages a system of 20 national parks that represents
most of the country’s fauna, flora and unique natural features. Tourism,
conservation and commercial development comprise the core competencies of the
South African National Parks’ biodiversity management mandate. |
|
|
|
|
South African
Weather Service (SAWS) |
The SAWS was
established in accordance with the South African Weather Service Act (2001).
The objectives of the SAWS are to; maintain, extend and improve the quality
of meteorological service; ensure the ongoing collection of meteorological
data over south Africa and surrounding southern oceans; and fulfil
government’s international obligations under the Convention of the World
Meteorological Organisation and the Convention of the International Civil
Aviation Organisation as South Africa’s Aviation Meteorological
Authority. |
|
|
|
|
Marine Living Resources Fund (MLRF) |
The MLRF was established in accordance with the
Marine Living Resource Act (1998). The aim of marine living resource fund is
to finance activities related to managing the sustainable use and
conservation of marine living resources, preserving marine biodiversity and
minimising marine pollution. Other socio-economic objectives include
broadening access to resources by restructuring the industry to address historical
imbalances and promote economic growth. |
|
|
|
|
ISimangaliso Wetland Park Authority (iWA) |
The iWA, which began operating in April 2002, was
established through the World Heritage Convention Act (1999). The objective
of the iWA include conservation of ISimangaliso Wetland Park areas’ world
heritage values, optimising tourism development and contributing to local
economic development and transformation.
|
|
Entities
under the Department of Water Affairs |
|
|
Trans – Caledon Tunnel Authority (TCTA) |
The TCTA was established in 1986 to undertake
certain tasks emanating from the treaty on the Lesotho Highlands Water
Project on behalf of the South African government. The project aims to
augment water supply to the Vaal system and to generate hydroelectric power
in Lesotho. The TCTA was directed by the department to fund all costs
incurred in the water delivery component of the Lesotho Highlands Water
Project, and to undertake financial risk management on behalf of South
Africa. Following revisions to the protocol for the implementation of the
project, new governance arrangements have been introduced to improve
operational efficiency. In terms of its
revised establishment agreement, the authority may be required to perform
additional responsibilities in other areas. The additional responsibilities
referred to, need not be related to the Lesotho Highlands Water Project; DWAF
may require specific expertise on other projects as well. In accordance with
this provision, the TCTA has been tasked with the implementation and funding
of the Berg River Project. |
|
|
|
|
Water Research Commission (WRC) |
The Water Research Commission’s terms of
reference are to promote co-ordination, communication and co-operation in the
field of water research, to establish water research needs and priorities
from a national perspective, to fund prioritised research, and to promote the
effective transfer, dissemination and application of research findings. The
commission plays an important role in developing high-level human resources
in the sector. No grants are made to the commission as its work is funded by
a levy paid by water users. |
|
|
|
|
The Water Boards: |
The water boards were established as water
service providers that report to the Minister. These boards manage water
services within their supply areas, and supply potable water at
cost-effective prices. All water boards have tabled annual reports for the
last financial year. An assessment of the financial status of the water
boards is conducted by DoWA annually. List of water Boards |
|
Komati River Basin Water Authority (KOBWA) |
The Komati River Basin Development Project is a
joint development between South Africa and Swaziland in terms of the treaty
on the development and utilisation of the water resources of the Komati River
basin, ratified in 1992. The purpose of the project is to promote rural
development and alleviate poverty in the lower Komati Valley by increasing
the productivity of the land through irrigated agriculture. In terms of the
treaty, the KOBWA was established as a special purpose vehicle charged with
managing and financing the project. The main focus of the project was the
construction of the Driekoppies Dam in South Africa and the Maguga Dam in
Swaziland. Both have been completed. |
|
|
|
|
Irrigation Boards and water user
associations |
In terms of sections 61 and 62 of the National
Water Act (36 of 1998), the new policy framework for financial assistance to
water management institutions for irrigated agricultural development
endeavours to promote initial access to irrigated agriculture and to enhance
sustainable irrigation development by subsidising emerging farmers. Currently all irrigation boards are in the
process of being transformed into water user associations to fall under the
ambit of the National Water Act. In 2003/04 additional funds were allocated
for writing off unrecoverable debts from some water user associations. |
|
|
|
|
Entities
under the Department of Agriculture, Forestry and Fisheries |
|
|
National Agricultural Marketing Council (NAMC) |
The NAMC was established in terms of section 3 of
the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996). The
core mandate of the NAMC is to do investigations and advise the Minister of
Agriculture and Land Affairs on agricultural marketing policies and their
application, and to co-ordinate agricultural marketing policy in relation to
national economic, social and development policies and international trends
and developments. |
|
|
|
|
Agricultural Research Council (ARC) |
The ARC was established in terms of section 2 of
the Agricultural Research Act, 1990 (Act No. 86 of 1990). The Council is the
principal agricultural research institution in the country. It provides
agricultural research and development, technology and support to the
agricultural community. In addition, the council is the custodian of the
country’s national collections of insects. |
|
|
|
|
Onderstepoort Biological products (OBP) |
The company was established in terms of the
Onderstepoort Biological Products Incorporation Act, 1999 (Act No.19 of 1999).
OBP is a bio-technical company manufacturing vaccines and related products
for global animal health care industry. |
|
|
|
|
Perishable Products Export Control Board |
The Board was established in terms of Section 2
of the Perishable Products Export Control Act, 1983 (Act No. 9 of 1983). It
controls the export shipment of perishable products from South Africa and the
order of shipment at all ports, makes recommendations on the handling of
perishable products when moved to and from railway trucks and other vehicle
or cold stores; and promotes uniform freight rates for the export of
perishable products. |
|
|
|
|
Ncera Farms (Pty) Ltd |
Ncera Farms (Pty) is a public company listed
under schedule 3B in terms of the Public Finance Management Act, 1999 (Act
No. 1 of 1999) as amended. The Department of Land Affairs is the sole
shareholder. It is situated in the Eastern Cape on the state-owned land of
approximately 4 000 hectares, and is dedicated to assisting small and
emerging farmers through various services to the surrounding rural
communities in the form of advice, extension services, training and so on. |
|
Entities
under Department of Rural Development and Land Reform |
|
|
Kwazulu – Natal Ingonyama Trust Board |
The Ingonyama Trust was established in terms of
the KwaZulu-Natal Ingonyama Trust Act, 1994 (Act No. 3 of 1994). The Act of
1994 is amended by National Act of 1997 (Act No. 9 of 1997). Amongst other
things, the KwaZulu-Natal Ingonyama Trust Amendment Act provided for the
establishment of the Ingonyama Trust Board. The core business of the trust is
to manage its 2.7 million hectares of land, spread throughout KwaZulu-Natal,
for the material benefit and social well being of individual tribe members. The department, together with the Land Bank, is
currently trying to salvage the project by involving other strategic
partners. |
|
|
|
1.2 Functions of committee:
Parliamentary committees are mandated to:
·
Monitor the financial and non-financial performance of government
departments and their entities to ensure that national objectives are met.
·
Process and pass legislation.
·
Facilitate public participation in Parliament
relating to issues of oversight and legislation.
The key policy initiatives undertaken by the various Departments in the
Land and Environment sector over the five year period have occurred under the
Outcomes Approach framework of the South African government. The 12 Outcomes
were launched in January 2010 and the two relevant outcomes for the land and
environmental sector include:
·
Outcome 7: Vibrant, equitable
and sustainable rural communities with food security for all and
·
Outcome 10: Environmental
Assets and natural resources that are well protected and continually enhanced.
It is within this context that the Select Committee on Land and
Environmental Affairs has identified key projects and programmes to conduct
oversight over the Departments within the cluster as proposed in the Strategic
Plan of the Committee.
1.3 Method of work of the committee
The methodology used by the Select Committee on Land and Environmental
Affairs to conduct their oversight role over the Executive, stemmed from the
Strategic Planning session that was held in July 2009. Following this session,
the Strategic Plan that was devised set out the
framework of activities for the next five years. The activities proposed in the
Strategic Plan were scheduled into an Annual Plan and the Programme of the
Committee. The Strategic Plan was reviewed annually to re-prioritised specific
projects for oversight.
For briefing
meetings, the Committee’s management team met half an hour earlier to ensure
that the content specific issues were clarified and specific questions were
raised so that meetings with the Executive were more strategic.
1.4 Purpose of the report
The purpose of this report is to provide an account of the Select
Committee on Land and Environmental Affairs work during the 4th Parliament and
to inform the members of the new Parliament of key outstanding issues
pertaining to the oversight and legislative programme of the Departments of
Agriculture, Forestry and Fisheries, Rural Development and Land Reform, Water
and Environmental Affairs and their relevant entities.
This report provides an overview of the activities the committee
undertook during the 4th Parliament, the outcome of key activities,
as well as any challenges that emerged during the period under review and
issues that should be considered for follow up during the 5th
Parliament. It summarises the key issues for follow-up and concludes with
recommendations to strengthen operational and procedural processes to enhance
the committee’s oversight and legislative roles in future.
2.
Key statistics
The table below provides an overview of the number of meetings held,
legislation and international agreements processed and the number of oversight
trips and study tours undertaken by the committee, as well as any statutory
appointments the committee made, during the 4th Parliament:
|
Activity |
2009/10 |
2010/11 |
2011/12 |
2012/13 |
2013/14 |
Total |
|
Meetings held |
3 |
16 |
16 |
18 |
20 |
73 |
|
Legislation processed |
None |
3 |
1 |
None |
6 |
10 |
|
Oversight trips undertaken |
None |
None |
1 |
2 |
None |
3 |
|
Study tours undertaken |
None |
None |
2 |
None |
None |
2 |
|
International agreements processed |
None |
2 |
None |
None |
2 |
4 |
|
Statutory appointments made |
None |
None |
2 |
None |
1 |
3 |
|
Interventions considered |
None |
None |
None |
None |
None |
None |
|
Petitions considered |
None |
None |
None |
None |
None |
None |
3.
Stakeholders:
|
List of Stakeholder |
Area of Interest |
|
Public |
Attend Committee
meeting and participate during public hearings. |
|
|
|
|
South African Human
Rights Commission |
Chapter 9
Institution dealing with human rights abuses in South Africa, involved in the
illegal eviction of farm workers. |
|
|
|
|
Environmental
Rights Organisations |
Non Governmental
Organisations dealing acting on behalf of interested parties during public
hearings on environmental bills before Parliament. |
|
|
|
|
Women on Farms
Project Members |
Non Governmental
Organisations championing for the right of farm workers and also the illegal
eviction of farm workers. |
|
|
|
|
Land Rights
Organisations |
Commission was set
up by Government to address land claims lodged by people that were displaced
during the previous regime. |
|
|
|
|
Institute for
Poverty Land and Agrarian Studies (PLAAS) |
Academic
Institution on land reform, political economy and rural development |
|
|
|
4.
Briefings and/or
public hearings
Agriculture,
Forestry and Fisheries
·
Food Security policy and Zero Hunger programme
The feasibility of the
implementation of the Zero Hunger programme to achieve food security at a
household and community level versus national level was assessed. The critical
issues for consideration remain the impact of scarce water and arable land
resources on achieving the set targets, the allocated budget and selected crop
species to achieve food security in South Africa. The policy does not
adequately address the house-hold level and national food security needs of the
country. The policy needs to be further analysed and reviewed with the
Department in the next term.
·
Small Scale Fisheries Policy
The implementation plan and
associated budget needs to be provided in order to ensure that the policy is
feasible within the sector. The Fishing Rights Allocation Process (FRAP) must
also be reviewed to evaluate if the small scale fisheries policy is in
alignment with the allocation process.
·
National Extension Services ( specifically related
to CASP and land reform Projects)
The report on the review of
the extension services offered by the Department especially to land reform
beneficiaries needs to be finalised and interrogated by the Committee.
·
A national strategy to address the sustainability of
agricultural co-operatives needs to be developed, especially in relation to the
land reform beneficiaries that form co-operatives.
Rural
Development and Land Reform
·
The impact of the land reform programme on land
ownership and tenure.
The land reform programme
must be reviewed to assess the achievement of the goals and objectives of the
programme against the targets set. The issue of transforming the land ownership
landscape and tenure reform must be re-assessed by the Department. The
Department needs to provide quarterly reports in this regard. The Committee to
follow-up with some commissioned work in this regard.
·
The monitoring and evaluation of restitution and
recapitalisation and development projects.
The number of failed
restitution projects as well as projects that received RECAP funding must be
assessed and reported on by the Department. The Department needs to provide
quarterly reports in this regard. The Committee to follow-up with some
commissioned work in this regard.
·
The evaluation and impact of the CRDP in rural areas
of SA
The impact of roll-out of
the CRDP in the twelve pilot sites and then the 22 distressed wards in South
Africa, needs to be monitored against the projected the strategic objectives
and measureable indictors of the programme. The Department needs to provide
quarterly reports in this regard. The Committee to follow-up with some
commissioned work in this regard.
Water
Affairs
·
Acid Mine Drainage (AMD) issue and the impact on
water quality in Gauteng and surrounding provinces (Mpumalanga and North West)
The Inter-Ministerial task
team report on AMD must be presented and the implementation of the
recommendations in the report needs to be reported by the Department quarterly.
The Committee needs to monitor this on a quarterly basis.
·
Water provision by Municipalities (lack of water
infrastructure)
The Department is required
to report on the progress made in this regard bi-annually. The Committee needs
to monitor this on an annual basis. The Department must report on the
implementation of the MIG and RBIG and the progress made in ensuring that
municipalities have the infrastructure to ensure that water can be provided to
the people of South Africa. The Department to provide quarterly reports on the
progress made in this regard.
·
Water licensing and development challenges must also
be reported so that interventions can be implemented.
The system to address water
licensing for mining, agriculture and other development activities must be
provided by the Department and the Department to provide quarterly reports in
this regard.
Environmental
Affairs
·
Green economy and sustainable development
The implementation of the
Green Economy Accord and the projects funded through the green fund needs to
reported on by the Department on a quarterly basis. The Committee needs to
monitor the commitments made by the Departments of Environmental Affairs,
Department of Water Affairs and the Department of Agriculture, Forestry and
Fisheries in implementing the Green Economy Accord.
5.
Legislation
The following pieces of legislation were referred to the committee and
processed during the 4th Parliament:
|
Year |
Name of Legislation |
Tagging |
Objectives |
Completed/Not Completed |
|
2009/10 |
None |
|
|
|
|
|
|
|
|
|
|
2010/11 |
Deeds Registries Amendment
Bill [B 13 – 2010] |
Sec 75 |
To amend the
Deeds Registries Act, 1937, so as to substitute certain obsolete expressions;
to delete the reference to a registrar of mining titles or a mining
commissioner acting as a registration officer; to provide for the extension
of the duties of a registrar; to provide for the appointment of alternate
members to the deeds registries regulations board; to provide for the
disclosure of the full names and marital status of persons in all deeds and
documents to be executed or lodged for registration or record in a deeds
registry; to provide for the issuing of a certificate of registered title in
respect of a fraction of an undivided share in land; and to amend certain
definitions; and to provide for matters connected therewith. |
Adopted by Committee on 31 Aug 2010 |
|
|
Sectional Titles Amendment
Bill [B 14 – 2010] |
Sec 75 |
To amend the
Sectional Titles Act, 1986, so as to amend certain definitions; to redefine
the boundaries between certain sections and common property; to regulate the
substitution of bonds registered in respect of different pieces of land shown
on the sectional plan; to provide for the issuing of certificates of real
rights of extension and certificates of real rights of exclusive use areas at
the opening of a sectional title register; to provide for the issuing of more
than one certificate of real rights of extension and more than one
certificate of real rights of exclusive use areas; to further regulate the
cancellation of registered sectional plans; to provide for the issuing of a
certificate of registered sectional title in respect of a fraction of an
undivided share in a section; to provide for a notice to a mortgagee for
consent to proposed extensions to a section in a scheme; to provide for the
extension of a scheme by the addition of rights to exclusive use areas only;
to provide for a right of extension of a scheme in respect of a building or
buildings that already exist; to provide for the deletion of a provision
pertaining to certain administrative expenses payable by a developer; to
provide for the deletion of a superfluous reference to urban immovable
property; to provide for the production of a certificate by a conveyancer
regarding the payment of moneys in respect of the cession of real rights; to
provide for a cession of real rights to exclusive use areas within a specific
time for the benefit of owners of sections; to further provide for the
vesting of rights to exclusive use areas where an owner ceases to be a member
of a body corporate;
to provide for the cancellation of exclusive use area rights with the written
consent of the mortgagee and holder of a registered real right; to further
provide for the regulation of consent of bondholders for the registration of
servitudes; to provide for the payment of certain contributions by a
developer towards the defrayal of certain rates and taxes and the maintenance
of common property; to further provide for liability for payment of
contributions where ownership in units changes; to provide for the levying of
special contributions by the trustees of a body corporate; to provide for the
use of exclusive use areas for purposes depicted on the registered sectional
plan only; to substitute obsolete references; to delete and amend certain
incompatible provisions no longer applicable; and to provide for matters
connected therewith. |
Adopted by Committee on 31 Aug 2010 |
|
|
Black Authorities Act Repeal Bill [B 9 – 2010] |
Sec 76 (1) |
To repeal the Black
Authorities Act, 1951; and to provide for matters connected therewith. |
Adopted by Committee on 14 Sep
2010 |
|
|
|
|
|
|
|
2011/12 |
Rural Development and Land Reform General
Amendment Bill [B 33—2010] |
Sec 75 |
To amend the various laws under the
administration of the Minister of Rural Development and Land Reform, so as to
substitute certain obsolete definitions to ensure legal certainty; to effect
certain consequential amendments in this regard; and to provide for matters
connected therewith. |
Adopted by Committee on 08 March 2011 |
|
|
|
|
|
|
|
2012/13 |
None |
|
|
|
|
|
|
|
|
|
|
2013/14 |
Geomatics
Profession Bill [B 4B - 2013] |
Sec 75 |
To provide for the
transformation of the geomatics profession; to provide for the establishment
of the South African Geomatics Council as a juristic person; to provide for
the facilitation of accessibility to the geomatics profession; to provide for
different categories of registered persons and branches in the geomatics
profession; to provide for the identification of areas of work to be
performed by the different categories of registered persons; to provide for
the recognition of certain voluntary associations by the Council; to provide
for measures designed to protect the public from unethical geomatics
practices; to provide for measures in order to maintain a high standard of
professional conduct and integrity; to provide for the establishment of
disciplinary mechanisms; to provide for the establishment of an Appeal Board;
|
Adopted by Committee on 20 August 2013 |
|
|
National
Environmental Management Laws First Amendment Bill [B13 B-2012] |
Sec 76 |
To amend the – National Environmental Management:
Biodiversity Act, 2004, so as to amend certain definitions and to define
certain words and expressions; to revise the objectives of the Act to
emphasise the need to protect the ecosystem as a whole, including species
which are not targeted for exploitation; to revise the purpose of Chapter 4
to provide for the regulation of threatened and indigenous species to ensure
that the utilisation of these species are done in an ecologically sustainable
manner; to effect certain textual amendments to the provisions on protection
of species; to address some of the regulatory gaps within the permitting
system; to facilitate the implementation of self-administration; to extend
the functions of the scientific authority to include assisting with species
to which an international agreement regulating international trade applies;
to revise the purpose and application of Chapter 6; to revise the provisions
on the Bioprospecting Fund; to insert a provision to allow for the domestic
or subsistence use of indigenous biological resources; to repeal the appeal
provisions; to provide for circumstances under which a permit application or
permit may be deferred, refused, cancelled or suspended; to extend the powers
of the Minister to make regulations; to add offences and penalties; and to
provide for Minister to declare amnesty in certain circumstances; ·
National Environmental
Management: Air Quality Act, 2004, so as to align the penalties with other
specific environmental management Acts; ·
National Environmental
Management: Waste Act, 2008, so as to provide for textual amendment to the
definition of waste; ·
National Environment
Management Laws Amendment Act, 2008, so as to correct an incorrect citation;
and ·
National Environmental Management:
Protected Areas Amendment Act, 2009, so as to correct an incorrect citation, |
Adopted by Committee on 7 May 2013 |
|
|
Spatial Planning
and Land Use Management Bill [B 14B-2012] |
Sec 76 |
To provide a framework for
spatial planning and land use management in the Republic; to specify the
relationship between the spatial planning and the land use management system
and other kinds of planning; to provide for the inclusive, developmental,
equitable and efficient spatial planning at the different spheres of
government; to provide a framework for the monitoring, coordination and
review of the spatial planning and land use management system; to provide a
framework for policies, principles, norms and standards for spatial
development planning and land use management; to address past spatial and
regulatory imbalances; to promote greater consistency and uniformity in the
application procedures and decision-making by authorities responsible for
land use decisions and development applications; to provide for the establishment,
functions and operations of Municipal Planning Tribunals; to provide for the
facilitation and enforcement of land use and development measures; and to
provide for matters connected therewith. |
Adopted by Committee on 26 February 2013 |
|
|
National Environmental Management Laws
Second Amendment Bill [B13-2013] |
Sec 76 |
To amend the National Environmental Management
Act, 1998, so as to amend certain definitions; to adjust the timeframes for
the preparation of environmental implementation plans and environmental
management plans; to provide for the process and procedure for submitting
environment outlook reports; to promote or facilitate the mainstreaming of
integrated, environmentally sustainable and sound management considerations
into business processes, practices, technology and decision-making across the
economy; to enable, as appropriate, the use of spatial tools, norms and
standards and environmental management instruments in decision-making as an
alternative to environmental authorisation procedures; to empower the
Minister to restrict or prohibit development in specified geographical areas;
to empower the Minister or MEC to develop norms and standards for activities,
sectors and geographical areas; to clarify when the Minister is the competent
authority; to identify the Minister as the competent authority where the MEC
is usually the competent authority and a Cabinet decision stipulates that the
Minister must be the competent authority for activities related to a matter
declared as a national priority or matters related to such national priority;
to empower the Minister to take a
decision in the place of the MEC under certain circumstances; to allow for
the transfer of rights and obligations relating to an environmental
authorisation; to provide legal clarity on the applicability of section 24G
to the unlawful commencement, undertaking or conducting of a waste management activity under the
National Environmental Management: Waste Act, 2008; to provide legal clarity
on the options available to the competent authority in processing a section
24G application, to increase the administrative fine and to provide for
criminal investigation and prosecution in certain circumstances; to further
provide for exemptions under certain circumstances and to clarify that there
will be no exemptions provided from obtaining an environmental authorisation;
to provide for the consideration of adopted environmental management
instruments when considering an environmental authorisation application; to
provide for emergency situations and to distinguish between an ‘‘incident’’
and an ‘‘emergency situation’’; to provide for the power and the
circumstances under which an environmental management inspector may, without
a warrant, seize any mechanism of transport; to insert provisions to regulate
products which have a detrimental effect on the environment; to provide for
all regulations to be tabled in Parliament before promulgation; to add
provisions regarding the delivery of documents; to consolidate all offences
and penalties under the Act; and to correct or delete certain obsolete
provisions; |
Adopted by Committee on 17 September 2013 |
|
|
Deeds Registries
Amendment Bill [B 10B - 2013] |
Sec 75 |
To amend the – the Deeds Registries Act, 1937, so as to provide discretion in respect
of the rectification of errors in the name of a person or the description of
property mentioned in deeds and other documents; to provide for the issuing
of certificates of registered title taking the place of deeds that have
become incomplete or unserviceable; to substitute an obsolete reference; to
substitute an outdated heading; to delete reference to the repealed
Agricultural Credit Act, 1966; to further regulate the updating of deeds in
respect of the change of names of companies, close corporations and the
surnames of persons; to amend a definition; and to provide for matters
connected therewith. |
Adopted by Committee on 19 September 2013 |
|
|
Sectional Titles
Amendment Bill [B 11B-2013]. |
Sec 76 |
To amend the Sectional
Titles Act, 1986, so as to amend certain definitions; to further regulate
notification of the intended establishment of schemes and the sale of units
to lessees; to provide for the cancellation of registered sectional plans in
a prescribed manner; to regulate the issuing of a certificate of registered
sectional title in respect of a fraction of an undivided share in a section;
to provide for the deletion of an obsolete reference; to provide for the
registration of a transfer of a part of the common property with the consent
of the owners of the sections and the holders of registered real rights; to
provide for the endorsing of title deeds to reflect amended participation
quota schedules; to regulate the alienation of a portion of land over which a
real right of extension or part thereof is registered; to provide for the
consent of holders of registered real rights over exclusive use areas to the
alienation of common property; to provide for the cession of a mortgage real
right of extension and a mortgage real right of exclusive use area; to provide
for the cancellation of part of a section pursuant to an expropriation; to
further provide for the consent of bondholders with the registration of a
sectional plan of extension; to provide for the issuing of more than one
certificate of real right of extension and more than one certificate of real
right of exclusive use area; |
Adopted by Committee on 12 November 2013 |
|
|
South African
Weather Services Amendment Bill [B 23B - 2013] |
Sec 75 |
To amend the – The South African Weather Service Act, 2001, so as to substitute and
insert certain definitions; to provide the Minister with policy determination
and supervisory powers; to extend the powers, functions and objectives of the
Weather Service so as to provide the Weather Service with a legal mandate to provide
ambient air quality services and to act as custodian of the South African Air
Quality Information System; to provide for the appointment and removal of the
Chief Executive Officer; to align the Act with the Public Finance Management
Act, 1999, by providing for the Board to be the accounting authority for the
Weather Service; to delete certain obsolete provisions; to provide for the
limitation of liability of the Weather Service; to provide for offences and
penalties; to amend the Schedules to the Act; |
Adopted by Committee on 19 November 2013 |
|
|
|
|
|
|
|
2014 |
National Environmental Management:
Air Quality Amendment Bill [B27B – 2013] |
Sec 76 |
To amend the
National Environmental Management: Air Quality Act, 2004, so as to substitute
certain sections; to provide for the establishment of the National Air Quality
Advisory Committee; to provide for the consequences of unlawful commencement
of a listed activity; to provide for monitoring, evaluation and reporting on
the implementation of an approved pollution prevention plan; to empower the
MEC or Minister to take a decision in the place of the licensing authority
under certain circumstances; to provide for the Minister as licensing authorities
in situations where the province, as a delegated licensing authority by the
municipality, is the applicant for an atmospheric emission licence, where the applications are
trans-boundary, where the air activity forms part of national priority
project, where the activity is also related to the environmental impact and waste
management activities authorised by the Minister, where the air activity relates
to a prospecting, mining, exploration or production activity; to delete cross
references to the Environmental Conservation Act, 1989; to clarify that
applications must be brought
to the attention of interested and affected parties soon after the submission
to the licensing authority; to provide for a validity period of provisional
atmospheric emission licence; to create an offence for non-compliance with
controlled fuels standards; to provide for the development of regulations on climate
change matters and the procedure and criteria for administrative fines; to delete certain obsolete provisions; and to
provide for matters connected therewith.’’. |
Completed |
|
|
National Environmental Management: Integrated Coastal Management Bill [B8B – 2013] |
Sec 76 |
To amend the
National Environmental Management: Integrated Coastal Management Act, 2008,
so as to amend certain definitions; to clarify coastal public property and the
ownership of structures erected on and in coastal public property; to remove
the power to exclude areas from coastal public property; to clarify and
expand the provisions on reclamation; to clarify definitions and terminology;
to simplify the administration of coastal access fee approvals; to simplify and
amend powers relating to coastal authorisations; to replace coastal leases
and concessions with coastal use permits; to extend the powers of MECs to issue
coastal protection notices and coastal access notices; to limit the renewal
of dumping permits;
to simplify the composition and functions of the National Coastal Committee;
to clarify the powers of delegation by MECs; to revise offences and increase
penalties; to improve coastal authorisation processes; to provide for exemptions;
to provide for transitional matters; to effect certain textual alterations; and
to provide for matters connected therewith. |
Completed |
|
|
Marine Living Resources Amendment Bill [B30B – 2013] |
Sec 76 |
To amend the
Marine Living Resources Act, 1998, so as to insert, amend or delete certain
definitions; to amplify the objectives and principles provided for in that Act;
to make provision for measures relating to small-scale fishing and for the powers
and duties of the Minister in this regard; to effect technical amendments; and
to provide for matters connected therewith. |
Completed |
|
|
Restitution of Land Rights Amendment Bill [B35B – 2013] |
Sec 76 |
To
amend the Restitution of Land Rights Act, 1994, so as to amend the cut-off
date for lodging a claim for restitution; to further regulate the
appointment, tenure of office, remuneration and the terms and conditions of
service of judges of the Land Claims Court; to make further provision for the
advertisement of claims; to create certain offences; to extend the Minister’s
powers of delegation; and to provide for matters connected
therewith. |
Aim to finish 25 March 2014 |
|
|
National Environmental Management Laws Third Amendment Bill [B26B –
2013] |
Sec 76 |
To amend the— • National
Environmental Management Act, 1998, so as to amend certain definitions and to
define certain words and expressions; to provide for the review of environmental
management instruments; to provide for minimum information requirements to be
included under environmental management instruments; to provide for the
Minister responsible for mineral resources to be the competent authority for
environmental matters in so far as they relate to prospecting,
exploration, mining or production of mineral and petroleum resources; to
empower the Minister to take an environmental decision in so far as it relates to
prospecting, exploration, mining or production instead of the Minister
responsible for mineral resources under certain circumstances; to clarify the
provisions relating to integrated environmental authorisations; to strengthen
the financial provisions in the Act; to provide for consultation with State
Departments; to provide for the management of residue stockpiles and residue
deposits; to empower the Director-General of the Department responsible for
mineral resources to issue section 28 directives in so far as they relate to prospecting,
exploration, mining or production; to empower the Minister responsible for
mineral resources to designate environmental mineral resource inspectors
within the Department responsible for mineral resources for compliance monitoring and
enforcement of provisions in so far as they relate to prospecting,
exploration, mining or production; to provide the Minister with the power to
direct environmental management inspectors to perform compliance monitoring
and enforcement duties instead of mineral resource inspectors under certain
circumstances; to empower the provincial head of department to delegate a
function entrusted to him or her under this Act; to provide for the
suspension of a decision on receipt of an appeal; to provide for appeals
against directives; to further provide
for the power of the Minister to make regulations; to provide for consultation
in the event that an Act of Parliament or regulations are amended that impact on
the Agreement; to provide for the criteria for condonation applications in
the case of appeals that relates to prospecting, exploration, mining or
production; • National
Environmental Management: Waste Act, 2008 so as to insert certain definitions;
to empower the Minister to prohibit or restrict waste management activities in
specified geographical areas; to empower the Minister responsible for mineral
resources to be the licensing authority to issue waste management licences in so
far as it relates to prospecting, exploration, mining or production activities
of mineral and petroleum resources; to empower the Minister responsible for
mineral resources to delegate a function entrusted to him or her under this
Act; • National
Environmental Management Amendment Act, 2008, so as to provide for transitional
arrangements; to amend the commencement provisions; and to delete certain
obsolete provisions; and to provide for matters connected therewith. |
Aim to finish 25 March 2014 |
|
|
National Environmental Management: Waste Amendment Bill [B32B – 2013] |
Sec 76 |
To amend the
National Environmental Management: Waste Act, 2008, so as to substitute and
delete certain definitions; to exclude the department from the spheres of
government that are required to compile integrated waste management plans; to
require the MEC responsible for waste management to act in concurrence with
the Minister when requesting certain persons to compile and submit industry waste management
plans; to provide for the exclusion of the provincial department responsible
for waste management from the requirement to compile an industry waste
management plan; to establish a pricing strategy; to provide for the content and
application of the pricing strategy; to establish the Waste Management Bureau;
to provide for the determination of policy and the Minister’s oversight in relation to the
Waste Management Bureau; to provide for the determination of policy and the
Minister’s oversight in relation to the Waste Management Bureau; to provide
for the objects, functions, funding, financial management, reporting and auditing,
immovable property of the Waste
Management Bureau; to provide for the employees of the Waste Management
Bureau; to provide for the appointment and the functions
of the Chief Executive Officer of theWaste Management Bureau; to prescribe
certain matters in relation to the Waste Management Bureau; to provide for
transitional provisions in respect of existing industry waste management plans
and to provide for matters connected therewith. |
Aim to finish 25 March 2014 |
|
|
National Water Amendment Bill [B3 – 2014] |
Sec 75 |
To amend the
National Water Act, 1998, so as to make provision for the correct designation
of the Department and Minister; to correct outdated references; to provide
for an alignment and integration of the process for consideration of water use licences,
relating to prospecting, exploration, mining or production activities; to
provide for the appointment of the Minister as the responsible authority for appeals
relating to prospecting, exploration, mining or production activities; to amend the
authority of the Water Tribunal as appeal authority relating to prospecting,
exploration, mining or production activities; to provide for the concurrence
between the Minister, the Minister responsible for mineral resources[,] and
the Minister responsible for environmental affairs when amending provisions
of the Agreement related to prospecting, exploration, mining or production
activities; and to provide for matters connected therewith. |
Completed |
|
|
|
|
|
|
a) Challenges emerging
The following challenges emerged during the
processing of legislation:
·
Technical/operational challenges that may have delayed legislation and/or
complicated the processing thereof
Provincial legislatures do not follow a standard format for amendments to
Section 76 legislation. Amendments are not adequately captured as comments are
usually provided and the Committee struggles with proposing the actually
amendments.
·
Content-related challenges
The mining, water and environmental legislative conflicts arising from
the current interim arrangements regarding mining and environmental
authorisations using the National Environmental Management Act (NEMA) and the
Mineral and Petroleum Resources Development Act (MPRDA). This needs to be
followed –up by the Committee in the new term as the interim arrangements will
come to an end soon and the amendments to NEM: 3rd Laws Amendment
Bills and the National Water Amendment Bill will resolve many of the issues
rasied
Some of the amendments raised by provinces and stakeholders following the
provincial public hearings are not adequately captured for robust discussions
at the Committee level, as the final reports of the legislatures do not capture
the discussions.
Outstanding legislation that still needs to be submitted, Extension of
Security Tenure Act (ESTA), Communal Land Rights Act (CLRA)
A complete budget proposal for the implementation of the Bill must be
provided when Bills are presented.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
Mechanisms to capture issues arising from provincial public hearings
during the legislative process must be proposed. A table of issues needs be
compiled per province with regards to the relevant clause. A template to be
supplied for the legislative process.
·
Attendance of Committee staff at selected or all Public Hearings,
dependant on issues arising during the legislative process needs to be
considered.
·
A template to be developed by the Committee so that reports and
amendments to legislations (especially Section 76 Bills) can be adequately
captured.
·
Collaboration with the Parliamentary Democracy offices during the public
hearings for Bills.
6.
Oversight trips
undertaken
The following oversight
trips were undertaken:
|
Date |
Area Visited |
Objective |
Recommendations |
Responses to Recommendations |
Follow-up Issues |
Status of Report |
|
2009/10 |
None |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2010/11 |
Eastern Cape |
The Committee
visited these marginalized communities to; Ø access
to basic water and; Ø to
investigate the agricultural economic opportunities that are available for
this area. |
Lubisi
Dam The delegation recommended that: The
Provincial Department of Agriculture submit to the Committee their Integrated
Plan on how they are going to assist and re-vitalise the project; The
Intsika Yethu Local Municipality investigate what has happened to the
application for the establishment of a police station; The
local municipality should contact the Department of Public Works with regards
to improving the road signs identifying the project as well as the
maintenance of the roads and bridges within the project; The
Department of Agriculture, Forestry and Fisheries should be contacted with
regards to implementing a proper land care programme for the project that
will utilise local labour for the removal of alien vegetation, rehabilitation
of re-building of eroded crevasses and the re-introduction of indigenous
trees to the area; The
municipality should contact the Department of Water Affairs to address how
these communities could be assisted in accessing water from the Lubisi Dam.
The Department of Agriculture, Forestry and Fisheries should also be
contacted to assist the project in
re-vitalising agricultural initiatives of the project as well as look into
the possibility of establishing a aquaculture farm; The Committee should engage the Department
of Rural Development and Land Reform about the land claims issue of the
people that were relocated when the Lubisi Dam was built. The Committee would
have to ascertain when the dam was built, was their arable land available at
the time and whether or not the community can still lodge a land claim. Qamata
Irrigation Scheme The Committee members recommended that: The
National and Provincial Departments of Agriculture, as well as the Minster
are called to Parliament to discuss the challenges faced by the project
members and what interventions can be put in place to assist. The
National and Provincial Departments of Agriculture provide the Committee with
detailed information as to what funding and support has been rendered to the
project thus far, including future funding allocations. Cofimvaba
Waste Management Project The
delegation expressed concern about the lack of fire extinguishers and the
distance of the nearest fire station. Members also enquired about the level
of protection given to the workers, working with the waste and whether or not
they are given regular checkups. The
delegation requested the municipality to forward a report of the project to
the Committee. Ncora
Irrigation Scheme The following recommendations were made by
the delegations, after completing their site inspection of the Ncora
Irrigation Scheme. They recommended that; The
funder of the Dairy Project be ascertained with full details of who the
project belongs to; who are the share holders and who the directors are; Full
details of the auction that sold R 7 million rand worth of government
equipment for only thirty five thousand rand should be forwarded to the
Committee. The delegation requested
the minutes of the meeting where the decision to sell the equipment was taken
as well as the name of the auctioneer, the list of people present at the auction
and the list of people to whom the equipment was sold; The
Department of Agriculture should present a full report on the project,
stating the how much money has been spent at the project thus far, how much
has been allocated for the future and by when these funds will be made
available. The department should present this report to the Committee in
Parliament, where after the Minister will be engaged on the matter; The
Department of Rural Development and Land Reform should be called before the
Committee to explain the dynamics surrounding the land claims case involving
this project; The
issue of individuals securing funds to the amount of R 9, 9 million rand in
the name of Ncora Irrigation Scheme without properly consulting and informing
project members should be properly investigated. All documentation pertaining
to the appropriation of these funds should be forwarded to the Committee by
the department or the Producers Association. The Committee should also consider the possibility of
handing the matterover to Standing Committee On Public Accounts (SCOPA) for
further scrutiny; |
|
|
Adopted |
|
|
|
|
|
|
|
|
|
2011/12 |
Haartbeespoort dam and the Disake / Mokgalwaneng / Matlametlong
area in the North West Province |
As a result of the huge challenges
experienced in this region and the constant requests that the Committee
receives from stakeholders, the Select Committee on Land and Environmental
Affairs has decided to undertake an oversight visit to the North West
province. The Committee will visit the Hartebeespoort Dam and have
discussions on the progress, challenges and achievements in the Harties,
Metsi a me programme. The Committee has also decided to conduct
oversight over the CRDP project in Ward 29 in the North West province,
encompassing the Disake / Mokgalwaneng
/ Matlametlong area. As part of the oversight role of Parliament the
Committee will conduct oversight over the Departments of Rural Development
and Land Reform and Water Affairs. |
Delegation’s overall assessment of its visit to the
Moses Kotane Local Municipality Despite the challenges and setbacks experienced and explained by the
District and Local Municipality, members of the delegation were satisfied
that all spheres of government were working well together in the projects
they visited. The Members were impressed with the progress, commitment and
dedication shown towards ensuring that the projects visited became
sustainable, whereby ensuring the sustainability of those rural communities
with food security. Haartbeespoort Dam Recommendation The Department of Rural Development and Land Reform
and the Harties metsi mei programme must provide a report on the status of
the land claim on the vacant piece of land (Oberon), within a month of the
adoption of the report. The Department of Rural Development and Land Reform
to provide a progress report on the VIP toilet project within three months of
adoption of the report. The Department of Rural Development to provide a
report on the completion of the water reservoir, within one month of adoption
of the report. The Department of Water Affairs to provide a report
on the challenges and achievements in implementing the Resource Management
Plan of the Harties Metsi-a Me programme, within three months of the adoption
of the report. |
|
|
Adopted |
|
|
|
|
|
|
|
|
|
2012/13 |
KZN UMzimkhulu
in KZN Eastern
Cape Port
St Johns LM Nyandeni
LM Mnquma
LM |
The Committee has decided to conduct
oversight in KZN and the Eastern Cape and the main issues identified for
investigation during this trip includes for:
|
Umzimkhulu Local Municipality (LM) Recommendations: The
National Department of Agriculture, Forestry and Fisheries together with the
provincial Department of Agriculture, Environmental Affairs and Rural
Development must provide a report on the tractor roll-out programme and the
extension support provided to agricultural projects and co-operatives in the
Sisonke District Municipality and Umzimkhulu local municipality respectively. The
Department of Water Affairs to provide the statistics on the backlogs for
basic water provision for the Sisonke District Municipality and the
Umzimkhulu local municipality and the plans in place to address the water
shortages in the medium and long term. The
national Department of Rural Development and Land Reform must provide the
latest statistics with regards to the outstanding land claims and the reasons
for the delays in processing the land claims in the Sisonke District and
Umzimkhulu local municipality. The
national Department of Environmental Affairs and the provincial Department of
Agriculture, Environmental Affairs and Rural Development to provide an action
plan with milestones and timeframes on the development of environmental
management decision making tools for environmental impact assessments and
spatial planning. Mnquma Local Municipality (LM) Recommendations: The
national Department of Agriculture, Forestry and Fisheries together with the
provincial Department of Rural Development and Agrarian Reform must provide a
report on the tractor roll-out programme and the extension support provided
to agricultural projects and co-operatives in the OR Tambo District
Municipality and Mnquma local municipality respectively. The
Department of Water Affairs to provide the statistics on the backlogs for
basic water provision for the OR Tambo District Municipality and the Mnquma
local municipality and the plans in place to address the water shortages in
the medium and long term. The
national Department of Rural Development and Land Reform must provide the
latest statistics with regards to the outstanding land claims and the reasons
for the delays in processing the land claims in the OR Tambo District and
Mnquma local municipality. The
national Department of Environmental Affairs and the provincial Department of
Agriculture, Environmental Affairs and Rural Development to provide an action
plan with milestones and timeframes on the development of environmental
management decision making tools for environmental impact assessments and
spatial planning. Nyandeni Local Municipality (LM) Recommendations: The
national Department of Agriculture, Forestry and Fisheries together with the
provincial Department of Rural Development and Agrarian Reform must provide a
report on the number and location of the agriculture projects and the
extension support provided to the projects and co-operatives in the OR Tambo District
Municipality and Nyandeni local municipality respectively. The
Department of Water Affairs to provide the statistics on the backlogs for basic
water provision for the OR Tambo District Municipality and the Nyandeni local
municipality and the plans in place to address the water shortages in the
medium and long term. The
Department of Water Affairs to provide details on the bulk infrastructure
plan for OR Tambo District Municipality and the Nyandeni local municipality. Port St John’s Local Municipality (LM) Recommendations: The
national Department of Agriculture, Forestry and Fisheries together with the
provincial Department of Rural Development and Agrarian Reform must provide a
report on the number and location of the agriculture projects and the
extension support provided to the projects and co-operatives in the OR Tambo District
Municipality and Port St Johns local municipality respectively. The
Department of Water Affairs to provide the statistics on the backlogs for
basic water provision for the OR Tambo District Municipality and the Port St
Johns local municipality. The
Department of Water Affairs to provide the plans in place to address the
water shortages specifically regarding the Umzimvubu and Mdlankala irrigation
schemes and the Port St John bulk water scheme in the medium and long term. The
Department of Water Affairs to provide details on the bulk infrastructure
plan for OR Tambo District Municipality and the Nyandeni local municipality Second Beach Recommendation: The
national Department of Rural Development and Land Reform must provide the
latest statistics with regards to the outstanding land claims and the reasons
for the delays in processing the land claims in the OR Tambo District and
Port St Johns local municipality. The
national Department of Rural Development and Land Reform must provide a
report on the progress made on the Caguba, Mkhanzini, Majola land claims, in
the Port St Johns area. The
national Department of Agriculture, Forestry and Fisheries together with the
provincial Department of Rural Development and Agrarian Reform must provide a
report on the number and location of the agriculture projects and the extension
support provided to the projects and co-operatives in the OR Tambo District
Municipality and Port St Johns local municipality respectively. The
Department of Environmental Affairs to provide a complete report with an
action plan to address the increase in shark attacks on Second Beach in the
Port St John’s municipality. The
Department of Environmental Affairs to provide a feasibility study on the
potential of aquaculture farms in the Port St John’s area. |
|
|
|
|
|
Muyexe,
Limpopo Province |
The main objective is to follow-up on the
progress made in implementing the CRDP in Muyexe, Limpopo province and
investigate the issues raised by communities in the area as well as monitor
and evaluate the involvement of the Department of Rural Development and Land
Reform in rolling-out the CRDP in all the pilot sites. |
Primary School renovation project The delegation recommended that the Department of Rural Development
and Land Reform, being the lead implementing agent, be informed of the
situation so that they may raise these concerns with the other departments
and resolve the matter as soon as possible. Macena Women’s Garden Co-operative Despite being told that the matter surrounding Dr Mannier is under
investigation by both the DRDLR and DAFF, the delegation insisted on
receiving a written explanation from both departments as to how Dr Mannier
came into the picture in the first place, who was his contact person and in
which department does this contact person work. The delegation refused to accept the onsite explanation from both
departments that Dr Mannier approached the project on his own without
their knowledge. The members all
agreed with the fact that someone made Dr Mannier aware of the project,
therefore bearing full knowledge of his existence and intentions. A full report must be provided by the DRDLR and DAFF on this issue.
The Department of Water Affairs must also be brought in together with the
Mopani District Municipality to address the water issues in the area. Muyexe Water Treatment Facility The leader of delegation, Ms BP Mabe contacted Eskom personally, who
assured her that someone would be dispatched to the area to remedy the
problem. Ms Mabe requested officials from the DWA, district and the local to
meet with the Eskom official and resolving the matter of chemicals and
electricity bill. Progress reports should be forwarded to the Committee, as the
Committee intends to have another follow up visit. Nene family
house The delegation requested officials from the DWA to provide the
Committee with a written explanation why water was not being provided to the
area when funds were allocated for bulk water infrastructure in the region.
The members wanted clarity on how much funds have thus far been made
available for bulk water infrastructure, when these funds were made available
and to whom funds were transferred to. A follow-up to the area and the Mopani
District Municipality will be made to assess the full extent of the water
provision and water maintenance for the region. Muyexe
Hospital The delegation requested officials from the local municipality and the
DRDLR to provide an explanation as to why the previous contractor abandoned
the project and why delivery of medical supplies is so slow. Muyexe
Community Centre Observations: The delegation confirmed that the community centre was built and that
the computer facility mentioned in the previous report was housed in an
adjacent building to the community centre. The delegation could not ascertain
whether or not other government service centres were housed within the
community centre. Although it seemed that SASSA uses the building during the
social grant payment days. Members of the delegation raised the issue of whether or not the VIP
pit latrines at the community centre and schools visited were installed /
erected according to specification. The reason for the enquiry was that none
of the latrines at the sites visited had aeration pipes which were required
to assist with the chemical disintegration of waste in the pits. De – Briefing Session with stakeholders Concluding remarks and Recommendations by Committee The
Committee will undertake a follow-up visit to Muyexe to further investigate
the water pipeline and the involvement of the Mopani District Municipality
and the Department of Water Affairs in the lack of water service delivery in
the fourth term. The
Department of Rural Development and Land Reform to hold a co-ordination and
planning session with the Councillors if the District and the Local
Municipalities on the status of the projects in the Muyexe area. The
Department of Rural Development and Land Reform and the Department of
Agriculture, Forestry and Fisheries to provide a complete report on the loan
that was procured for the Macena Woman’s Project. The
Department of Agriculture, Forestry and Fisheries to provide a report on the
extension support; provided to the agricultural projects in the district. The
Department of Water Affairs and the Mopani District Municipality to provide a
report on the water treatment plant and maintenance of the facility. |
|
|
Adopted |
|
|
|
|
|
|
|
|
|
2013/14 |
None |
|
|
|
|
|
|
|
|
|
|
|
|
|
a) Challenges emerging
The following challenges emerged during the oversight
visit:
·
Technical/operational challenges
·
Content-related challenges:
The main
challenge is the tracking recommendations made to Departments during oversight
visits, needs to be formalised.
The status of
land claims in provinces needs to be followed up by the Committee
The status of
restitution projects and RECAP within the provinces needs to be reported on by
the Department of Rural Development and Land Reform on a quarterly basis.
The progress
with the access to water by rural communities within provinces will need to be
further investigated and correlated with the Human Rights Commission reports.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
7.
Study tours
undertaken
The following study tours were undertaken:
|
Date |
Places Visited |
Objective |
Lessons Learned |
Status of Report |
|
2009/10 |
None |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2010/11 |
None |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2011/12 |
India |
The Select Committee would like to meet
with the relevant government Departments responsible for addressing the issue
of climate change, rural development, and food security with an emphasis on
aquaculture for rural communities, climate change, rural development, water
and sanitation. These are the challenges that have been
identified by the Select Committee within the land and environmental sector
and the committee would like to observe how a developing country like India
is balancing economic development with sustainable development to ensure a
better life for all. |
|
Adopted |
|
|
|
|
|
|
|
2012/13 |
None |
|
|
|
|
|
|
|
|
|
|
2013/14 |
None |
|
|
|
a) Challenges emerging
The following challenges emerged during the study
tours:
·
Technical/operational challenges
·
Content-related challenges
From the: Expert Meeting on the Implementation
of the Right to Food in Eastern and Southern Africa Hon. Agnes Qikani (Member
of Parliament, South Africa) and Hon. Vitus Dzoole Mwale (Member of Parliament,
Malawi) commit to work together to develop a regional network of
parliamentarians working on the right to food.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
India Study Tour
·
The study-tour report will be submitted to
the Department of Rural Development for further discussion especially on the
feasibility of technology Demonstration Park, where rural technologies can be
used to train communities in a practical manner.
·
The Committee will investigate further the
impact of the Mahatma Gandhi National Rural Employment Guarantee Act and
evaluate the application of the scheme in the South African context.
·
The Committee will commission a comparative
analysis of the Comprehensive Rural Development Programme models used in South
Africa and India.
8.
International
Agreements:
The following international
agreements were processed and reported on:
|
Date referred |
Name of International Agreement |
Objective |
Status of Report |
Date of enforcement |
|
2009/10 |
None |
|
|
|
|
|
|
|
|
|
|
2010/11 |
Agreement on Mutual Acceptance of Oenological
Practices by the World Wine Trade Group (WWTG), tabled in terms of section
231(2) of the Constitution, 1996. |
The Labeling Agreement recognises that different markets will always
have different labeling requirements. It addresses this issue by allowing a
producer to have one label that can be used across all major wine markets,
with a second label upon which the unique requirements of specific markets
can be adjusted as required. Upon until now, this has not been possible. The
agreement achieves this by: ·
Harmonising the
presentation of those items of information that are required by all countries
and placing them in a “single field of vision”; ·
Giving producers the
flexibility to place other items of mandatory or controlled information that
are specific to one country on any label they choose; and ·
Allowing producers to
repeat any mandatory or controlled information; and ·
Allowing producers
freedom to use other descriptive information as long as it is not false,
misleading or deceptive. |
Report adopted by Committee |
|
|
|
Agreement on Requirements for Wine Labelling of
theWorld Wine Trade Group (WWTG), tabled in terms of section 231(2) of the
Constitution, 1996. |
The
World Wine Trade Group (WWTG) is an informal group of wine producing
countries entrusted with facilitating the trade in wine. This is done by
reducing barriers in the wine trade whilst sharing information and
collaborating on aspects relating to the trade and production of wine amongst
the member countries. The countries that are signatory to the Agreement on
the Mutual Acceptance of Oenological Practices and the Agreement on the
requirement for Wine Labelling are responsible for exchanging laws &
regulations related to wine making practices and wine labelling amongst
themselves to ensure free and fair trade internationally. At a national
level, the Department of Agriculture, Forestry and Fisheries, had to amend
some legislation in order for us to be compliant with the international agreements
and as a signatory, South Africa will benefit greatly. |
Report adopted by Committee |
|
|
|
|
|
|
|
|
2011/12 |
None |
|
|
|
|
|
|
|
|
|
|
2012/13 |
None |
|
|
|
|
|
|
|
|
|
|
2013/14 |
Benguela Current
Convention on Environmental Protection and Conservation of the Benguela
Current Large Marine Ecosystem between the Government of the Republic of
Angola, the Government of the Republic of Namibia and of the Government of
the Republic of South of Africa |
The Convention seeks formally establish
the Benguela Current Commission as a regional inter-governmental organisation
with a mandate to promote the sustainable use and management of the Benguela
Current Large Marine Ecosystem (BCLME). The ratification of this multilateral
Convention will ensure that sustainable development progresses in an environmentally
responsible manner for long-term social and economic benefits for the people
of the BCLME region, and that the three governments work together to protect
marine biodiversity and maintain the integrity of the BCLME region. |
Report adopted by Committee |
|
|
|
Annex
VI to the Protocol on Environmental Protection to the Antarctic Treaty:
Liability Arising from Environmental Emergencies |
The Annex VI to the Protocol on Environmental Protection to the Antarctic
Treaty: Liability Arising from Environmental Emergencies stems
from the Antarctic Treaty which South Africa signed in December 1959. This is a multilateral agreement to ensure that the Antarctic
continent is used exclusively for peace and science purposes. The Protocol on Environmental Protection with specific emphasis on the
protection of the environment was signed in 1991 and the Protocol was ratified by South Africa in 1995 and came into force in 1998. |
Report adopted by Committee |
|
|
|
|
|
|
|
a) Challenges emerging
The following challenges emerged during the
processing of international agreements:
·
Technical/operational challenges
·
Content-related challenges
Often the real costs of implementing the obligations of the international
agreements are not factored into the current budgets of the Departments
proposing the signing of the international agreements.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
The Commitments made on international agreements needs to be monitored
and tracked by the Committee.
·
A reporting template to be devised and sent to all the Departments that
submit internal agreements for the Committees approval.
·
Funding proposals to accompany the agreements in cases were specific
interventions are implemented.
9.
Statutory appointments
The following
appointment processes were referred to the committee and the resultant
statutory appointments were made:
|
Date |
Type of appointment |
Period of appointment |
Status of Report |
|
2009/10 |
None |
|
|
|
|
|
|
|
|
2010/11 |
None |
|
|
|
|
|
|
|
|
2011/12 |
Nomination and
Consideration by the Committee of submissions to be made to the Department of
Agriculture, Forestry and Fisheries for candidates to serve on the National
Agricultural Marketing Council. |
|
Report adopted by the Committee |
|
|
Nomination to the Board of the Land and
Agricultural Development Bank. |
|
Report adopted by the Committee |
|
|
|
|
|
|
2012/13 |
None |
|
|
|
|
|
|
|
|
2013/14 |
Nomination
to the National Agricultural Marketing Council. |
|
Report adopted by the Committee |
|
|
|
|
|
a) Challenges emerging
The following challenges emerged during the statutory
appointments:
·
Technical/operational challenges
Nominations are made by the Committee but there is no response from the
Department regarding the final appointees.
·
Content-related challenges
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
The Committee must be informed on the process followed in the appointment
of board members.
10.
Interventions
The following
interventions were referred to and processed by the committee:
|
Title |
Date referred |
Current status |
|
The Committee has never, since 1995, dealt
with any interventions. |
||
|
|
|
|
11.
Petitions
The following
petitions were referred to and considered by the committee:
|
Title |
Date referred |
Current status |
|
The Committee has never, since 1995, dealt
with any petitions. |
||
|
|
|
|
12.
Obligations conferred
on committee by legislation:
(Include BRRR process
– recommendations and outcomes of these if any)
a) Challenges emerging
The following challenges
emerged during the statutory appointments:
·
Technical/operational challenges
·
Content-related challenges
b) Issues for follow-up
The 5th
Parliament should consider following up on the following concerns that arose:
·
Monitoring and Evaluation: Quarterly reports from the Departments and
reports from the Auditor-General and National Treasury must be considered and
analysis to be provided to the Committee
·
A proper quarterly monitoring system to be developed for Departments on
key government porgrames and projects.
·
A Tracking system to be put in place to monitor Departmental responses to
question raised and recommendations made in all Committee reports (legacy,
oversight, project, international agreements and study tour).
·
The BRRR process for Select Committees must be clarified.
·
The Parliamentary programme must reflect a quarterly reporting timeframe
for Department for oversight and accountability.
13.
Summary of
outstanding issues relating to the department/entities that the committee has
been grappling with
The following key issues are outstanding from the committee’s activities
during the 4th Parliament:
|
Responsibility |
Issue(s) |
|
Agriculture, Forestry and Fisheries |
·
Setting up a monitoring and reporting framework for quarterly, biannual
and annual reporting ·
Extension Services: The involvement of the Agricultural Research
Council in supporting the DAFF in providing adequate extension services to
land reform beneficiaries and smallholder farmers ·
Food security and Zero Hunger Programme: Monitoring the progress in
implementation ·
Monitor the response of DAFF to the recommendations made by the Special
Rapporteur on the Right to Food. |
|
Environmental Affairs |
·
The impact of the accelerated infrastructure programme on the critical
biodiversity areas, water resources and ecological integrity of the environment.
·
The impact of the proposed hydropower plants on the Orange river
(impact on the ecological reserve and biodiversity, stream-flow) and
obligations to ORASECOM (is the international commission for the management
of the Orange-Senqu river) ·
Legislative conflicts in the Mining and Environmental/Water sector and
the implications for environmental authorisation of mining activities. ·
The impact of the green fund in mainstreaming the green economy into
economic development must be further assessed. ·
A monitoring and reporting framework on key indicators need to be
developed for quarterly, biannual and annual reporting. |
|
Rural Development and Land Reform |
·
An evaluation of the implementation of the CRDP on the impact on the
lives of the rural communities within the land sector. ·
An evaluation of the land reform programme, specifically the PLAS, LRAD
and RECAP policies on transforming land ownership and rural economy in South
Africa. ·
A monitoring and reporting framework on key indicators need to be
developed for quarterly, biannual and annual reporting. |
|
Water Affairs |
·
The impact of the RBIG and MIG on the access to water to rural
communities needs to be monitored and assessed. ·
A monitoring and reporting framework on key indicators need to be
developed for quarterly, biannual and annual reporting. ·
Receive a briefing on the Inter-Ministerial Task Team report on the
state of Acid Mine Drainage in Gauteng. |
14.
Recommendations (For
the Committees consideration and input)
A quarterly reporting
mechanism needs to be put in place to monitor the progress of key government
programmes.
15.
Committee
strategic plan
Refer to Annexure 1.
16.
Master
attendance list
Refer to Annexure 2.
Annexure
1: Strategic Plan of the Select Committee on Land and Environmental Affairs
As revised on 06 August 2012
Strategic
Plan Review and five year programme for the Select Committee on Land and
Environmental Affairs for 2009-2014
|
A prosperous and equitable
society living in harmony with its natural resources |
|
|
Mission |
|
|
To ensure sustainable
development of our country for a better life for all and to provide a
productive environment for food security, rural development and land reform |
|
|
Mandate
and Objectives of the committee are to: |
Performance Indicator |
|
1.
conduct oversight over the Departments of Agriculture, Forestry and
Fisheries, Rural Development and Land Reform and Water and Environmental
Affairs. |
Number of briefings with
Depts. And visits undertaken |
|
2.
ensure adequate public participation during all legislative and service
delivery processes |
Public hearings, public
consultation, stakeholder forums[1] |
|
3.
pass legislation to enable the mandate of the departments to be implemented |
Number of Bills processed
within the timeframes |
|
4.
ensure co-operative governance and intergovernmental relations, with special
delegates and provincial legislatures |
Number of provincial
visits undertaken[2] |
|
5.
process and monitor obligations to international agreements |
Number of International
Agreements processed and progress made on implementation plans submitted by
Depts. monitored |
|
6.
ensure provincial interests are properly integrated and communicated to the
national sphere |
Number of questions on
Environmental and Land Affairs submitted to the Internal Question Paper |
I. Strategic thrust:
In keeping with
government’s Medium Term Strategic Framework, National Development Plan, State
of the Nation addresses and State of the Provinces addresses, the Committee has
identified the following two focus areas to concentrate on for the remaining
term from August 2012:
·
Water (with
regards to service delivery)
-Irrigation schemes
(get a report on the irrigation schemes in the country, concentrate on
Makhatini Flats and Umzimvubu irrigation schemes, as highlighted in the NDP).
Relevant Department is Agriculture, Forestry and Fisheries.
-Comprehensive
Agricultural Support Programme (CASP): get a list of the projects per province,
as the availability of water will impact on the sustainability of the project.
Relevant Department is Agriculture, Forestry and Fisheries.
-Recapitalisation and
Revitalisation Programme (RECAP): Identify the projects to visit and track
progress made per province. Relevant Department is Rural Development and Land
Reform.
-Acid mine drainage
(AMD): To track the state of acid mine drainage in Gauteng and Mpumalanga.
Oversight visit prioritised. Relevant Department is Environmental Affairs and
Water Affairs.
-Millennium
Development Goals (MDG’s): Track the progress in achieving the MDG’s, MDG 7:
Environmental sustainability and MDG 1: Eradicating extreme poverty and hunger.
Track the influence of water, sanitation and nutrition influence other MDG’s.
Relevant Department is Environmental Affairs and Agriculture, Forestry and
Fisheries.
-Water infrastructure
(regional and bulk): Track the progress made in management, maintenance and
service delivery backlogs. Relevant Department is Water Affairs.
-Blue Drop and Green
Drop (drinking water quality and waste water quality linked to infrastructure
and maintenance issues).
-Food security (urban
and rural) access to water to ensure food sustainability
·
Land (monitor
achieving the land target and progress in land reform)
-RECAP projects
(including all the failed land reform projects and the grants allocated)
-Outstanding land
claims and land reform projects, track the progress
-Agricultural
projects (extension support and resources provided to land reform
beneficiaries). Track selected projects per province.
-Food Security (urban
and rural) access to adequate/high potential agricultural land for production
and sustainability
II.
Scope of
strategic planning:
Programme to be
developed for the rest of the term and the financial year, based on the
activities and projects identified above.
III.
Submission
of committee programmes for processing:
Programme drafted
according to the Strategic Priorities of the Committee and in the preceding
term. See attached.
IV.
Oversight
work:
This will be in
accordance with the Oversight and Accountability Model of Parliament. In order
to work more efficiently advance teams to implement evidence-based research to
be implemented for key focus areas.
Tracking of
recommendations made during the oversight visits to ensure outcome-based
oversight is realised. The simple tracking system will track all the
resolutions during committee meetings, recommendations from Committee Reports
and recommendations from Taking Parliament to the People reports.
V.
International
study tours
Identification of
countries that will align with the key focus areas of the Committee and of the
priorities of government.
VI.
Co-ordination
(NA and NCOP):
Coordinate with NA
committees and use reports to inform the work of the Committee to prevent
duplication of oversight.
VII.
Requirements
for implementation:
-Time constraints
(Parliamentary programme and Committee meetings times are too few, maybe use
the week more effectively)
-Oversight time is
restricted
-Advance teams for
evidence based oversight
-Communication with
stakeholders
SWOT
Analysis of the Committee
Challenges and weaknesses:
·
Communicating with stakeholders and media
liaison
o
Departments
o
Mechanism
o
Internal communications
o
Press releases
·
Engaging with too many issues per term
·
Assessment / term – Follow-up
·
Management committee – programme
·
Scope – Timeframes – Need to optimise week
(Fridays)
o
Provinces
o
Departments
·
MP representation – quorum + issues from
provinces (membership)
·
Oversight limited due to time constraints
Threats:
·
Documents received on day of meeting,
insufficient for critical analysis
·
Membership of the Committee– quorum cannot be
met
·
NW Province – no representation – permanent
member
·
Mpumalanga – representation also a
chairperson of another committee
Mechanisms to work better:
·
Advance teams for evidence-based research
·
Communicate with stakeholders
o
Reports
o
M&R + Tracking
·
Press releases
o
Internal Communications person - NCOP
|
Outputs
and Measures |
Performance Indicator |
Priority |
5 year Programme |
|||||||
|
2010 |
2011 |
2012 |
2013 |
2014 |
||||||
|
a)
Policy issues identified for monitoring: |
Monitor on a quarterly basis the progress
on the implementation of the policy identified |
|
|
|
|
|
|
|||
|
Water
Affairs |
|
|
|
|
|
|
|
|||
|
Water for Growth and Development Framework |
Briefing on the framework and progress made
in implementation |
1 |
X completed |
|
|
|
|
|||
|
Water quality and access (equitable share
of resources) |
Presentation on
the Blue and Green Drop reports |
1, 2 |
X |
X |
|
|
|
|||
|
Water Catchment Management Agencies |
Briefing by the
Dept on the implementation and progress in WCMA |
3 |
|
|
X |
|
|
|||
|
Environmental
Affairs |
|
|
|
|
|
|
|
|||
|
Policy for Subsistence Fisheries |
Presentation by
the Dept and oversight visit to fishing community (Doring Bay) |
1,2 |
X |
X |
|
|
|
|||
|
Long Term Mitigation Scenarios and Climate
Change Policy (Green Paper and COP 17) |
Workshop on
climate change with special delegates and provincial legislatures |
2 |
|
X |
|
|
|
|||
|
National Framework for Sustainable
Development |
Presentation by
the Dept on the progress made in the implementation of the Framework |
2 |
|
X |
|
|
|
|||
|
National Protected Areas Expansion Strategy |
Presentation on
the progress made on this and the progress made on Biosphere Reserves (check
World Biosphere Congress) |
3 |
|
|
X |
|
|
|||
|
Rural
Development and Land Reform |
|
|
|
|
|
|
|
|||
|
Comprehensive Rural Development Strategy |
Presentation by
the Dept. on the implementation plan of the CRDP strategy |
1 |
X |
|
|
|
|
|||
|
Monitor the CRDP Pilot projects |
Oversight visits
to the projects |
2 |
|
X |
|
|
|
|||
|
Proactive Land Acquisition Strategy (PLAS) |
Oversight visits
to projects |
1,2 |
X |
X |
|
|
|
|||
|
Agriculture |
|
|
|
|
|
|
|
|||
|
Aquaculture Policy |
Briefing on the
Policy and oversight visit to the projects |
2 |
|
X |
|
|
|
|||
|
Post-Settlement Support for Agricultural
development |
Oversight visits
to projects |
1,2 |
X |
X |
|
|
|
|||
|
Comprehensive Agricultural Support
Programme (CASP) |
Oversight visits
to projects |
1,2 |
X |
X |
|
|
|
|||
|
Food Security (Policy) |
Briefing on this
by the Dept. |
Whole term |
X |
X |
X |
X |
X |
|||
|
b)
Projects identified for monitoring: |
Number of
Projects visited |
|
|
|
|
|
|
|||
|
CRDP Projects in the Provinces Giyani (LP) Riemvasmaak (NC) Mhlontlo (EC) Diyatalawa (FS) Jabulani Bafazi and Water Smeet, Mkhondo,
Donkerhoek (MP) Disake, Mokgalwaneng And Matlametlong (NW) Dysselsdorp (WC) (KZN) |
Oversight visits
to the projects |
1 |
X |
X |
|
|
|
|||
|
Sustainable Livelihoods Project
(Conservation International Project in Hondeklip Bay ) |
|
2 |
|
X |
|
|
|
|||
|
Fisheries Closure Project (MCM), Doringbaai |
|
1 |
X |
X |
|
|
|
|||
|
Specialised Wildlife Courts and the Green
Scorpions (Hermanus) |
|
2 |
|
X |
|
|
|
|||
|
Projects
from the Provinces (Provinces to provide their project names) |
|
|
|
|
|
|
|
|||
|
Limpopo |
Tubatse issues, land claims, agriculture,
water issues, De Hoop Dam, Nsami Dam (interbasin water transfer scheme),
Nondoni Dam |
|
|
X |
|
|
|
|||
|
Gauteng |
Acid mine drainage issues, environmental
issues |
|
|
|
|
|
|
|||
|
Eastern Cape |
Irrigation schemes in Ncora, Qamata and
Lubisi, small scale farming issues in Graaf Reinette, N2 Tollgate road
between Margate and Bizana |
|
|
X |
|
|
|
|||
|
Free State |
Farm eviction, Piggery project, Apple
project, ref. Maluti-A-Phofung report |
|
|
|
|
|
|
|||
|
Northern Cape |
Hartswater irrigation scheme, Spitskop Dam |
|
|
|
|
|
|
|||
|
Western Cape |
check Doring Bay Clanwillam Dam |
|
|
|
|
|
|
|||
|
KZN |
Nkandla projects, Jozini Dam, irrigation
schemes (Mzimkhulu) |
|
|
X |
|
|
|
|||
|
North West |
Hartebeespoort Dam, farm evictions, water
issues |
|
|
|
|
|
|
|||
|
Mpumalanga (Wakkerstroom) |
Wakkerstroom coal mining and water issues |
|
|
|
|
|
|
|||
|
c)
Land Claims |
Number of land
claims reviewed and report tabled |
|
|
|
|
|
|
|||
|
Limpopo |
3 outstanding |
2 |
|
X |
|
|
|
|||
|
Gauteng |
3 outstanding |
3 |
|
|
X |
|
|
|||
|
Eastern Cape |
3 outstanding |
1 |
X |
X |
|
|
|
|||
|
Free State |
3 outstanding |
3 |
|
X |
X |
|
|
|||
|
Northern Cape (Pniel, Majeng and
Schmidtsdrift) |
|
2 |
|
X |
|
|
|
|||
|
Western Cape (Ebenezer) |
2 outstanding |
2 |
|
X |
|
|
|
|||
|
KZN |
3 outstanding |
1 |
X |
X |
|
|
|
|||
|
North West |
3 outstanding |
2 |
|
X |
|
|
|
|||
|
Mpumalanga |
3 outstanding |
1 |
X |
|
|
|
|
|||
|
d)
Farm evictions |
Number of farms
reviewed and/or visited and reports tabled |
|
|
|
|
|
|
|||
|
Limpopo |
|
1 |
X |
X |
|
|
|
|||
|
Gauteng |
|
3 |
|
|
X |
|
|
|||
|
Eastern Cape |
|
3 |
|
|
X |
|
|
|||
|
Free State |
|
2 |
|
X |
|
|
|
|||
|
Northern Cape |
|
2 |
|
X |
|
|
|
|||
|
Western Cape |
|
1 |
X |
X |
|
|
|
|||
|
KZN |
|
1 |
X |
X |
|
|
|
|||
|
North West |
|
1 |
X |
X |
|
|
|
|||
|
Mpumalanga |
|
2 |
|
X |
|
|
|
|||
|
e)
Aquaculture projects |
Number of
Projects visited or reviewed and reports tabled |
|
|
|
|
|
|
|||
|
Western Cape |
|
1 |
X |
X |
|
|
|
|||
|
Eastern Cape |
|
1 |
X |
X |
|
|
|
|||
|
Free State |
|
3 |
|
|
X |
|
|
|||
|
Mpumalanga |
|
3 |
|
|
X |
|
|
|||
|
Northern Cape |
|
2 |
|
X |
|
|
|
|||
|
KZN |
|
2 |
|
X |
|
|
|
|||
|
MCM vessels (monitoring of poaching
activities) |
|
3 |
|
|
X |
|
|
|||
|
f)
Legislative issues to be monitored |
Implementation
plans for each of the Legislative instruments and quarterly progress reports |
|
|
|
|
|
|
|||
|
Waste Management Act (job creation) |
|
1 |
X |
X |
|
|
|
|||
|
Integrated Coastal Management Act |
|
2 |
|
X |
|
|
|
|||
|
Land-use Management Bill |
|
3 |
|
|
X |
|
|
|||
|
Amendments to Legislation () |
|
Whole term |
X |
X |
X |
X |
X |
|||
|
Genetically Modified Organisms Act |
|
3 |
|
|
X |
|
|
|||
|
Provision of Land and Assistance Act
(post-settlement support) |
|
1 |
X |
X |
|
|
|
|||
|
NEMA Amendments Acts |
|
3 |
|
|
X |
|
|
|||
|
New legislation from the Depts.(letter from
Chairperson to Ministers and DG’s) |
|
1 |
X |
X |
|
|
|
|||
|
g)
Stakeholders Forum |
Number of
hearings held and reports tabled |
|
|
|
|
|
|
|||
|
Climate change |
9 provinces 1
report |
2 |
|
X |
|
|
|
|||
|
Agriculture issues |
9 provinces 1
report |
3 |
|
|
X |
|
|
|||
|
Rural Development |
9 provinces 1
report |
2,3 |
|
X |
X |
|
|
|||
|
Water |
9 provinces 1
report |
3 |
|
|
|
|
|
|||
|
Environmental issues |
9 provinces 1
report |
3 |
|
|
X |
|
|
|||
|
Land claims |
9 provinces 1
report |
2,3 |
|
X |
X |
|
|
|||
|
h)
Training Plan for the Committee |
Number of
training courses received according to training plan |
|
|
|
|
|
|
|||
|
Informal training |
|
|
|
|
|
|
|
|||
|
Formal Training (investigate the options
for training of the committee) |
|
|
|
|
|
|
|
|||
|
Workshops |
|
|
|
|
|
|
|
|||
|
Conferences |
|
|
|
|
|
|
|
|||
|
Climate Change Conference |
|
Whole term |
X |
X |
X |
X |
X |
|||
|
Biodiversity COP 11 |
|
3 |
|
|
X |
|
|
|||
|
Stockholm Water Summit (investigate) |
|
2 |
|
X |
|
|
|
|||
|
International Trips (regional) |
|
3 |
|
|
X |
|
|
|||
|
delegation based on formula and meeting
attendance |
|
|
|
|
|
|
|
|||
|
International Study Tour to investigate the
implementation of rural development and land reform in India/China/Brazil/Morocco |
|
2 |
|
X |
|
|
|
|||
Annexure
2: Master Attendance list of members attending Select Committee on Land and
Environmental Affairs meetings