Response to Submissions on Preservation and Development of Agricultural Land Bill
Deputy Director General D. Serage presents to the Portfolio Committee on Agriculture, Land Reform, and Rural Development regarding the feedback received on the Preservation and Development of Agricultural Land Bill. Various organizations made oral and written submissions during public hearings, contributing diverse perspectives and insights on the matter. The presentation addresses key focus areas and responses to the submissions to ensure effective preservation and sustainable development of agricultural land.
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PRESENTATION TO PORTFOLIO COMMITTEE ON AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT RESPONSE TO SUBMISSIONS ON THE PRESERVATION AND DEVELOPMENT OF AGRICULTURAL LAND BILL [B8-2021] 13 OCTOBER 2023 Presentation by: D Serage Designation: Deputy Director General: Agricultural Production, Biosecurity and Natural Resources Management Department of Agriculture, Land Reform and Rural Development Tel. No: 012 319 6471 E-mail: SerageD@Dalrrd.gov.za 1
ACRONYMS : Communal Property Association : Conservation of Agricultural Resources Act 43 of 1983 : Department of Agriculture, Land Reform and Rural Development : Interim Protection of Informal Land Rights Act 31 of 1996 : National Environmental Management Act 107 of 1998 : Portfolio Committee : Preservation and Development of Agricultural Land Bill : Protected Agricultural Areas : State Owned Entities :Subdivision of Agricultural Land Act 70 of 1970 CPA CARA DALRRD IPILRA NEMA PC PDALB PAA SOE SALA 2
INDEX/ FOCUS AREAS Response to submissions received during the public hearings on the Preservation and Development of Agricultural Land Bill conducted from June to September 2023. The following organizations submitted oral submission on the 10th October 2023: - Agri SA; - SA Institution of Race Relations (NCP) IRR; - The Agricultural Business Chamber (Agbiz); - South African Agriculture Initiative (SAAI); - Mineral Council South Africa (MCSA) - Black Agricultural Commodities Federation (BACF) - Inyanda National Land Movement and Rural Women Assembly 3
INDEX/ FOCUS AREAS The following organizations submitted written submissions in different dates: - Agri SA 9 May 2023; - SA Institution of Race Relations (NCP) IRR - 17 May 2023; - The Agricultural Business Chamber (Agbiz) 18 May 2023; - The Banking Association of South Africa - 19 May 2023 ; - Nkuzi Development Association NPC (Nkuzi)- 19 May 2023; - ESKOM 19 May 2023; - South African Agriculture Initiative (SAAI) 19 May 2023; - Mineral Council South Africa (MCSA)- 19 May 2023; - Bio Watch 21 May 2023 4
INDEX/ FOCUS AREAS - COSATU - 19 May 2023; - Geological Society of South Africa (GSSA) 24 May 2023; - Western Cape Government - 27 May 2023; - Lisa Marais:0825729833 21 May 2023; - Agri NW - 11 September 2023; Sehloho Matthews Rantso,8 rantso@gmail.com - 8 September 2023; - Inyanda National Land Movement & Rural Women s Assembly (South Africa). - KwaZulu-Natal Agricultural Union (Kwanalu) 04 October 2023; - Black Agricultural Commodities Federation (BACF) 4 October 2023 5
OVERVIEW OF SUBMISSIONS ORAL AND WRITTEN 6
ISSUESRAISED DURING ORAL SUBMISSIONS The following common themes were expressed during the oral public hearings in all the provinces by communities, farmers, land users and general public: Access to land/Land ownership/title deed/claims; Introduction of agricultural subject at schools Concern with implementation of PDALB due to past experiences of legislation passed; Over regulations by government; Limited support, infrastructures and funding provided to farmers;
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response Supports the Bill AGRISA The comments are noted. The implementation proposed Preservation and Development of Agricultural Land Bill is importance to Agri SA and its members, affiliates partners in the agricultural sector of South Africa. promulgation and the of of critical and 8
OVERVIEW OF WRITTEN SUBMISSIONS Organization AGRISA Comments DALRRD Response The comments are noted, the definition of landowner can be expanded to include people whose rights are not registered in terms of the Deeds Registries Act. The definition should include all agricultural exclusions). land (no LandOwner as it is defined currently does not take into consideration those who do not currently have title deeds to their property. They propose that this should also include recognized by law, such as the IPILRA any rights 9
OVERVIEW OF WRITTEN SUBMISSIONS Organization AGRISA Comments DALRRD Response Comment noted and accepted. Clause 11(2)(b) refers to food production . This would limit other commodities that also require high value agricultural land such as wool, timbre, agricultural feed. They definition be extended to include commodities related closely with the agricultural sector that agricultural land. propose that the depend on 10
OVERVIEW OF WRITTEN SUBMISSIONS Organization AGRISA Comments DALRRD Response Clause provides determination norms and standards for listing activities in terms of section 16. Clause 16 1(c) - agricultural areas in which listed activities may be excluded from agro- ecosystem authorisation by the competent authority ought to be limited to national or provincial protected Leaving the clause too broad could result in misuse. 35(4) for of areas. List of activities that may not have a permanent negative impact on agricultural potential, capability, suitability or use of agricultural land. Will the list of activities be defined in the norms and standards? What expect to be contained therein can we 11
OVERVIEW OF WRITTEN SUBMISSIONS Organization AGRISA Comments inspections DALRRD Response Clause 31 of the Bill provides compliance inspection which will cater for monitoring and compliance for land users. Clause provides for access to a private dwelling without subject to a search warrant magistrate court or the high court. Compliance clause 31 are draconian and need to be improved with emphasis that this does not relate to land ownership. in for and Upon compliance, a search and seizure warrant should be obtained only appointment is not agreed upon and there is reasonable suspicion. suspicion of non- 31(6) if an notice by the 12
OVERVIEW OF WRITTEN SUBMISSIONS Organization AGRISA Comments DALRRD Response Response same as above. Clause 33 only deals with an investigation and information gathering. It is proposed a request for an appointment be required and only if that is declined may request a search warrant. is the the official The mechanisms used in the Expropriation Bill ought to be considered as an alternative process unconstitutionality. avoiding 13
OVERVIEW OF WRITTEN SUBMISSIONS Organization AGRISA Comments DALRRD Response Comment noted and not accepted. Clause 36-37. Offences 3(c) should not be an offence and authorisation ought to be revoked. Penalties 2(a) & (b) limits the courts discretion penalties and these could rather be administrative penalties and enable the courts to make any order that would be just and equitable in the circumstances regarding inserted 14
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Institution of Race Relations (IRR) and expressed concerns on the following: DALRRD Response Does not support the Bill The principles in Clause 4 of the Bill agricultural land but have nothing to do with private landowners. The purpose of the Bill is not to focus on land ownership preserve land as defined, for the purpose of agricultural production, irrespective of its ownership. apply to but agricultural to 15
OVERVIEW OF WRITTEN SUBMISSIONS Organization Institution of Race Relations (IRR) Comments Clause 5(1)(a) gives unrestrained power to the Minister to classify agricultural Minister must consult the landowner addition province. DALRRD Response The consultation provided for in the Bill will also include landowners. The consultation with MECs is in keeping with the Constitution of the RSA which makes Agriculture a concurrent function. The landowners will be consulted during the delineation of Protected Agricultural Areas. land. in to the 16
OVERVIEW OF WRITTEN SUBMISSIONS Organization Institution Race Relations (IRR) Comments Clause appears to get ahead of the Minister referring capability ratings that include moderate. DALRRD Response is recognized capability is one of the criteria to evaluate capability of agricultural production i.e. FAO framework for land evaluation - Soils bulletin 32. RSA adapted to consider climate, terrain circumstances. of 11 (2)(a) It internationally that land by to Land the for land above Clause Protected agricultural areas is unclear as it doesn t define what the higher is in relation to production agricultural goods. 11(2)(a) wrt and soil The degree of classification is based on land assessment outcomes portraying the land capability ratings. of 17
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Institution of Race Relations (IRR) with landowners. DALRRD Response Any area to be declared as a Protected Area will be gazetted for comments implementation. The compliance is not new, the application forms in terms of SALA prescribed submission of reports, the only difference is that the report must approved by a competent authority, Clauses 14 and 15. Lack of consultation Agricultural prior to Agro-ecosystem authorisations this will bring compliance requirements should be removed additional and now be 18
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response Institution of Race Relations (IRR) Compliance inspections should be conducted enforcement authorities officials. Clause 31 provides for the appointment of officials as Inspectors compliance permits issued. The officials are best placed to conduct inspections because they will administer the Act and will therefore be knowledgeable. Law enforcement authorities will be involved at appropriate instances, Clause 31(7). by Law to against monitor the and not 19
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response Contravention directives are too broad since Clause 32(5) gives the competent authority the powers landowners who complying with the law to take actions to cure the non- compliance. This can include unreasonable instructions. Institution of Race Relations (IRR) The Authority agriculturalists that will be guided directives issued. Competent are by the to direct not are 20
OVERVIEW OF WRITTEN SUBMISSIONS Organization Institution of Race Relations (IRR) Comments DALRRD Response Various communication essential to ensure that directives delivered. Section 32(3)(a) provides that the notice for these directives may be delivered in various ways, only one of which is to deliver it in person. Given the severe incursion property rights of owners that these directives represent, it would be more appropriate for documented delivery to be the only acceptable method. methods of are are into the may in-person, 21
OVERVIEW OF WRITTEN SUBMISSIONS Organization Institution of Race Relations (IRR) Comments Clause 26(g) seems to be re-introducing the provisions earlier version of the Bill regulating sale of agricultural foreigners. DALRRD Response The intent of the Bill is not to address land ownership but to address the preservation of agricultural land. of the land to 22
OVERVIEW OF WRITTEN SUBMISSIONS ORGANIZATION COMMENTS DALRRD RESPONSE Agbiz Supported the Bill, however requested the department to consider some definitions to regulatory measures. The comments are noted and accepted to tighten preservation agricultural land. of the the of strengthen The agricultural land has been amended from SALA specific including agricultural land and publicly owned land. definition of Clause 1: Definitions agricultural exclusion of land which has been excluded in terms of the Subdivision of Land Act, 1970 (Act No. 70 of 1970), by means of a notice in the Gazette should perhaps be reconsidered. land : The with intent the of all Agricultural 23
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response Agbiz high value agricultural land : This is a critical definition. Agbiz is of the view that the norms and standards should be directly linked to high value land. This will be dealt with in the regulations. land owner is defined as follows: the person or entity in whose name land or a right in, or to land is accordance with the Deeds Registries Act. This does not cover so-called off-register rights in communal areas. We submit that the definition should also include any rights recognised by law, such as the IPILRA. Noted and accepted. The definition landowner can be expanded to include people whose rights are not registered in terms of the Deeds Registries Act. of registered in 24
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Dalrrd response Agbiz landuse refers to activities which are directly related to the land, making use of its resources, or having an impact on it. It is not clear if this corresponds to the land use zonation or whether it relates to the de facto land use? Comment noted. Land use is as defined in the Act. 25
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Dalrrd response Agbiz Clause protected agricultural areas 11: Declaration of No clause 11(1)(c) in the Bill. Regarding clause 11(1)(c) Agbiz would like to suggest that there must be a link here with the listed activities and standards. We want to caution against over-regulation and over complicating the system needlessly. activities should only apply within norms and regulatory Listed 26
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD response Agbiz Clause 21: Establishment of committees Comment is noted and not accepted. With (7)(a), we submit that there is no reason to exclude nationals who bona fide live and work in South Africa. reference to subclause foreign 27
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments The Banking Association South Africa (BASA) agricultural land; how such land will be treated statutorily and financially. DALRRD Response Comments and addressed regulations. BASA supports the Bill, however sought guidance pertaining to the land that may not fall into noted be will in 28
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments The Banking Association South Africa (BASA) applications by competent authority, establishment of committees, right to appeal and compliance inspection. DALRRD Response Comment on clause 15 and 16 are noted and not accepted. Listing agricultural consideration of activity and areas; of The listing of activities in terms of clause 16 will be compiled by the time the Bill is signed into law. 29
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments The Banking Association South Africa (BASA) third party with regard to mortgagee in case the owners opt for selling such property. DALRRD Response The intent of declaring Protected Areas is to manage and preserve the production potential of the land and has no reference to the sale or implications of such land. This is not the intent of the Bill and as such this section should be read in conjunction with entire Bill. Declaration of protected agricultural areas will affect the rights of owners and Agricultural financial 30
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response Nkuzi Development Association NPC (Nkuzi) Nkuzi does not support the Bill and expressed the following concerns: Reference is made to the definition agricultural terms of legislation, state owned land or communal areas are excluded from the provisions These areas however be included under this Bill and will address the concern raised. of In land. current It is silent on how the traditional giving out land that was previously agriculture for residential purposes, leading to no communal land for farming and grazing. authorities used for of SALA. will 31
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Nkuzi Development Association NPC (Nkuzi) mining rights surpassing agricultural rights especially for communal communities that are losing grazing ploughing fields? DALRRD Response Currently activities are exempted from the provisions of SALA. However, this is not the PDALB and as such the impact of mining on agricultural land will be addressed in this Bill. With the mushrooming of mines in Limpopo Province, how will this Bill work towards mining case with and What is the link between this Bill and DAFF s PDALF policy that is meant to create a process for subdividing and rezoning agricultural land and ensure its protection from non- agricultural and unsustainable and non-economical uses. The policy informs the Bill. 32
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Nkuzi Development Association NPC (Nkuzi) DALRRD Response The role committee advise the Minister. Chapter 4: Institutional Framework the suggested committees look like it is public- private governance structure with commercial farmers and technical experts running the show. There is no need for this bill based on: 1.This bill aims to strengthen the current disparities ownership in the country and protect commercial farming which is largely in the ownership of few. of is the to Comments noted. The focus of the Bill is the preservation and development of agricultural land. of land 33
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response Nkuzi Development Association NPC (Nkuzi) 2.The bill further consolidates agricultural holding and limits the state s capacity to implement meaningful land reform. 3. The bill appears to be written by commercial agriculture agriculture and does not contain any efforts at proactive redistribution resources, or any form of social redress for past injustices 4. There is no need for this Bill. The subdivision of Agricultural Land Repeal Act should be signed into law as it has already been passed by parliament in 1998. for commercial of assets or 34
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments ESKOM ESKOM calls for the exclusion of statutory body as per SALA. Further highlights essential services as motivation for exclusion, advocates for consultation and provision of timelines, Definitions, Essential services. Land use, protected agriculture areas, agricultural sector plan. DALRRD Response Comments noted and not accepted. Statutory body to apply in terms of the Bill for guidance to prevent agricultural land. areas of loss of There is provision for gazetting consultation in the Bill to enable co-existence of compatible activities including declaring Agricultural Areas. and when Protected 35
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments ESKOM Section 27(3) to Section 32 DALRRD Response Comments noted. Timelines and other related procedural processes will be addressed in the Regulations. Amendment of Subdivision of Agricultural Land Repeal Act 64 of 1998 Under Transitional Arrangements. New applications will be addressed under the PDALB when enacted. 36
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response The focuses specifically on preservation and development of agricultural land and will be applied in conjunction with SPLUMA and NEMA. South African Agriculture Initiative (SAAI) SAAI notes that pre-existing legislation dedicated to the preservation of certain types of land and the regulation of sustainable practices caters for the broader aims of the Bill, including the Spatial Planning and Land Use Management Act 16 of 2013 and the aforementioned NEMA legislation. This Bill potentially represents a duplication of regulatory contained in the above legislation. Without amending or repealing the aforesaid legislation, clashes, contradiction will presumably result. Bill mechanisms confusion and 37
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response SAAI The classification of land in accordance agricultural potential of the land and any other criteria of use to farmers and developers. evaluation and This activity has already been completed and is already functional within the current legislative environment. with the 38
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments SAAI SAAI s chief concerns in respect of the proposed invasion of property rights are represented by the powers the Minister and delegates would gain. The Bill as it presently stands can only be used to address issues of unemployment, poverty and transformation by radically prescribing to land-owners what can and cannot be done with their property outside the bounds and guidelines of a Bill which is aimed only at preservation of agricultural land. DALRRD Response Comment accepted. The specifically preservation development of agricultural land - it does not have the object to intervene in daily farming activities production farm. No reference thereto is made in the Bill and is only based on speculation by the comment made in this regard. This activity resides discretion of the landowner. noted and not Bill focusses on the and her and on- aspects the within the 39
OVERVIEW OF WRITTEN SUBMISSIONS Organization Minerals Council of South Africa Comments The role played by mining in the South African Economy / The Bill reflects a conflict use of land for agriculture and for mining purposes. DALRRD Response The role of the mining industry towards the South African economy is same as the importance of ensuring of long-term food security. Through planning the conflicting land uses between sectors can be identified in a timeous manner. Mutual respect is of critical importance in acknowledging a balanced approach. acknowledged; between holistic these two 40
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Minerals Council of South Africa never be the case that the benefit of using land for agricultural purposes will outweigh the benefits of a mining operation on the same land. DALRRD Response The statement is noted and not accepted. Not all activities are to be measured on economic basis as the importance of having long-term food security outweighs any intervention. From an economics point of view it can economic 41
OVERVIEW OF WRITTEN SUBMISSIONS Organizat ion Minerals Council of South Africa Comments DALRRD Response The should contain exemptions for Ecosystem Authorization Bill The exemption to any mining activity is not accepted. The negative impact of mining on agricultural land and the subsequent agricultural production towards national food security cannot be emphasized enough. In this regard it is important to evaluate the impact of any new mining related activity on agricultural land in order to determine the suitability thereof and how best such possible conflicts of land uses can be mitigated. Agro 42
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response Minerals Council of South Africa South Africa's coal resources are located largely mainly potential cropping land hence mining needs to be excluded from the Bill. In view of environmental legislation, transformation from coal fired energy generation needs to be converted to green energy. In adhering to this call, the implementation energy in relation to mining is far less significantly negative on agricultural resources than coal mining. There are thus alternative whereas agricultural resources cannot move to alternative options. on of renewable high options available 43
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Minerals Council of South Africa the definition, land immediately prior to the date of commencement of this Act, was lawfully zoned for agricultural purposes organ of State . . . " (Our underlining). DALRRD Response "agricultural land' Definition is noted Comment but not accepted within the objects of this Bill. Decisions under SALA will remain valid as per SALA specifications. Only submitted applications will be evaluated the context PDALB enacted. (a) Paragraph (b) excludes from noted "which, non- an taken by (i) Not all land in the country is currently subject to zoning and many mining operations are lawfully conducted on land which has not been zoned for a specific purpose. It is recommended that a new sub clause (bA) be inserted . newly within of once 44
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response COSATU Support the Bill and urge Parliament to pass the legislation. Support the objective of the Bill, however, concerned that the Bill does not recognize other sectors such as mining. GSSA proposed that the Bill should exempt mining activities provisions of the Act. Comments accepted. noted and Geological Society of South (GSSA) Commented noted and not accepted. are Africa from the 45
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments DALRRD Response Lisa Marais:082572 9833 Lisa is concerned of definition agriculture as a science. The sustainable, food security preserving land (i.e soil). These points are in direct contradiction with the term science. Agriculture is a science subject wording within the context of the bill is applicable informed capability and potential of the agricultural land. hence of the science and by the 46
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Western Cape Government play in supporting agricultural sector development of activities in the sector to support the South African economy, it however does not make mention of climate change or the impacts that this will have on the agricultural sector at all. DALRRD Response The Bill has an important role to The climate change will be through the agro- ecosystem delineation, plans implementation, applicable relevant ecosystem. impact of the the and addressed sector and to the agro- 47
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Western Cape Government the Bill, the term land use planning legislation be used as a generic term which may be defined to include the Spatial Planning and Land Management Act, ( SPLUMA ), any spatial planning and land use management acts, municipal land use planning by-laws as well as zoning schemes. DALRRD Response It is suggested that throughout Comments noted and not accepted. Use 2013 provincial 48
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Western Cape Government The phrase development frameworks is not defined, which may lead to future interpretational challenges. In essence, it will include Integrated Development Plans ( IDPs ) and Development ( SDFs ), and as such it is suggested that the phrase be defined. Also, the developmentframeworks does not include Environmental Management. DALRRD Response Clause 4(1)(b)(iii) The development frameworks within the context of 4(1)(b)(iii) relates to the principles of agricultural productivity. phrase Clause Spatial Frameworks phrase 49
OVERVIEW OF WRITTEN SUBMISSIONS Organization Comments Western Cape Government This provision states Compliance with the procedures laid down by the Minister does not absolve a person from complying with any statutory requirement to obtain authorization from any organ of state . It is recommended that the provision be amended. DALRRD Response Comments noted and accepted. Clause 15(5) that other 50
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