Preservation and Development of Agricultural Land Bill: DALRRD briefing; International Treaty on Plant Genetic Resources for Food and Agriculture; with Deputy Minister

Meeting report

Absence of Minister
The Chairperson noted apologies from the Minister of Agriculture, Land Reform and Rural Development for a medical condition.

Mr Dipepeneneng Serage, DDG: Agricultural Production, Biosecurity and Disaster Management, Department of Agriculture, Land Reform and Rural Development (DALRRD), informed the Committee that both Deputy Ministers Skwatsha and Capa will not be attending the meeting as they are attending a Portfolio Committee meeting. Mr Mooketsa Ramasodi, Director-General (DG), DALRRD, will also not be attending the meeting as he is overseas on official business.

Ms C Labuschagne (DA, Western Cape) raised concerns about the absence of both Deputy Ministers in the meeting.

Mr M Nhanha (DA, Eastern Cape) said it was a pity that the Committee prepared for the meeting and none of the principals attended. He said there are two Deputy Ministers for such instances, so one should be present.

The Chairperson said that she sent a message to Deputy Minister (DM) Skwatsha to let him know there are no principals in the meeting and the DM promised to join the meeting soon. She asked Mr Serage to follow up with the DM to ensure they attend. She requested the Committee Members wait for five minutes for the DM to join the meeting.

Brief recess    

Ms M Mokause (EFF, Northern Cape) asked the Chairperson what was happening, because more than 15 minutes had passed waiting for the DM. She objected to waiting for the DM as that was disrespectful and undermined the Committee. Ms Mokause said the Committee had agreed that the Department would present the briefing even if only one of the principals was present.

Mr Nhanha supported Ms Mokause’s statement and stated that the leadership is answerable to Parliament, not the other way around. He said waiting for the DM would indicate that this behaviour is acceptable.

Ms C Visser (DA, North West) said she would leave the meeting as it is disrespectful for Members to have to wait for the DM.    

The Chairperson noted the Members' views and said the meeting would continue as the DM promised to attend.

Ms Mokause objected to the decision made by the Chairperson as it went against what the Committee agreed to.

Ms Mokause, Ms Labuschagne, Mr Nhanha and Ms Visser left the meeting.

Department introductory remarks

Mr Serage said the Preservation and Development of Agricultural Land (PDAL) Bill is about the preservation of land for food production. According to section 27 of the Bill of Rights, it is the responsibility of this Department to ensure food production. The current legal framework subdivision of the Agricultural Land Act of 1970 and does not adequately assist in preserving the land because the population is growing. At the rate the population is growing, if nothing is done, there will be problems with food production. It is on this basis that the PDAL Bill has been developed.

About 20 applications are processed per week for change of land use which threatens the availability of land for food production. The land currently under the ownership of government, including traditional leaders and provincial municipalities, is not provided for under the current law. This means when high-value investors want to use high-value agricultural land to build a supermarket or apartments, they firstly donate it to local traditional authority because they know the law subdivision on agricultural land does not apply. Therefore, this new Bill closes the gap and protects land, irrespective of who owns it. The Bill does not interfere with the rights of ownership of land but dictates what must happen on the land. Lastly, any land that has been scientifically proven to be of high agricultural value will be preserved for food production.

Briefing on Preservation & Development of Agricultural Land (PDAL) Bill
Ms Lydia Bosoga, Director: Land Use and Soil Management, DALRRD, began the presentation by speaking about the focus areas of the Bill. The Bill seeks to entrench regulatory measures for the security of high-potential agricultural land to make more land available for cultivation, livestock production and advance socio-economic interests of all South Africans. Further, it will promote a balanced approach to using agricultural land in South Africa by introducing strategic and technical instruments to preserve agricultural land. Management and protection of land are needed to ensure food security. The PDAL Bill will serve to promote agricultural practices legally and proactively on the best available land. The Bill will ensure the sustainable development of the agricultural sector to maintain and increase rural employment. It will ensure a reduction in poverty levels and a sustained improvement in the quality of life of rural and urban populations.

See attached for full presentation

Discussion
Ms W Ngwenya (ANC, Gauteng) asked the Department how it dealt with the calls from communities in Mpumalanga, who were affected by the mining licenses' impact on agricultural land. Most agricultural land is being allocated with mining licenses, resulting in court cases.

Will the implementation of the Bill include other spheres of government and will municipalities and provinces be informed about how to effectively implement the Bill?

In 2015, implementation costs were estimated at R68 million - is this amount still applicable? Has funding been secured and covered all spheres of government?

On slide 16, did the Department ask for the input of the National House of Traditional and Khoi-San Leadership on the Bill? If so, what are their inputs?

DALRRD’s Responses
Mr Serage said once the Bill has been put into law, it applies to all land use, which includes the mines affecting communities. The mines in Mpumalanga happened because this Bill was not yet put into place, however this Bill intends to correct such cases.  

The Bill includes all spheres of government, encompassing all land irrespective of who owns it.  

Consultations were done with different stakeholders such as the provincial legislatures and different formations of government.

The costs remain the same - the Department requires initial funding to do mapping. An online system where all farms are mapped will be set up, and anyone can see where the land is and whether it was classified as high value.

This Bill will require its own registrar and support staff to operate but the cost will not be over R6 million.

The Bill was sent to the traditional leaders, who were given time to engage with it. The traditional leaders were in support of the Bill.

Department Introduction: International Treaty on Plant Genetic Resources for Food and Agriculture

Mr Serage said the Department is asking the Committee to allow South Africa to join other countries that are part of the Treaty. This is so that South Africa’s research and available information on genetic material is protected and not used without the country’s consent. Currently, the country is not part of the Treaty, meaning any country or organisation can easily take the information and materials. The Treaty is like intellectual property, so anyone who wants to use South Africa’s information on genetic material and seeds would have to ask for permission.    

Briefing on the International Treaty on Plant Genetic Resources for Food and Agriculture
Dr Noluthando Netnou-Nkoana, Director: Genetic Resources, DALRRD, began the presentation by going through the aims of the Treaty. The Treaty aims to guarantee food security through the conservation, exchange and sustainable use of plant genetic resources for food and agriculture. The objectives of the Treaty are conservation and sustainable use of plant genetic resources for food and agriculture. The Treaty recognises farmers’ practices and the role played by farmers in conservation of plant genetic resources and agriculture. It also recognises the rights of farmers to save, use, exchange, and sell farm saved items. The Treaty is not in conflict with South African domestic laws.

See attached for full presentation

Discussion
Ms Ngwenya said on slide 17, there are 145 constructing parties, including 13 from the Southern African Development Community (SADC) region. Why did it take so long for South Africa to agree to be part of this Treaty? Since this Treaty is specifically for plants, is there a similar instrument for animal genetics? Were commercial farmers consulted as they go for mass production? Lastly, does the Treaty recognise the rights of all farmers irrespective of scales of operation?

DALRRD’s Responses
Mr Serage said SA took a long time because it was weighing options and looking at the advantages of joining over not joining. SA decided to join because, in the unlikely event of the country suffering any catastrophe wiping out the seeds, membership to the Treaty will assist by providing seeds to reestablish seed production and cultivation in the country. Commercial farmers were consulted, and all categories of farmers were respected and have rights.

Dr Netnou-Nkoana said the DDG has correctly pointed out that the rights of all farmers are recognised because farmers are viewed as custodians of these genetic resources and their crucial role in conservation. All farmers who are custodians of the Treaty are covered. Those rights include making decisions at national level on any matter relating to the conservation and sustainable use of plant genetic resources.

There is currently no treaty for animal genetics, however, the Department actively participates in the Commission on Genetic Resources for Food and Agriculture, also under the Food and Agriculture Organisation (FAO). A global plan of action has been developed on animal genetic resources. The plan has identified the priorities to be taken care of regarding the conservation and sustainable use of animal genetic resources. In future, there will be an instrument for animal genetics like the International Treaty for Plant Resources for Food and Agriculture.

Closing remarks by the DM
Ms Rosemary Nokuzola Capa, Deputy Minister of Agriculture, Land Reform and Rural Development, apologised profusely to the Committee for the delay in starting the meeting as there was no assurance of a Deputy Minister attending the meeting. The DM said what the DDG and colleagues presented is information they know and as a Department, they understand the importance of protecting plants and soil. If SA is not a member of the Treaty, it cannot refuse if someone acquires one of our plants and wants to sell it and multiply it, such as indigenous medicines. The Department seeks the Committee’s approval.  

Committee minutes
The Committee considered and adopted minutes of a previous meeting.

The Chairperson said today's meeting could not be rescheduled because it was part of the programme and the Committee does not have further meeting days. She apologised for keeping the Committee waiting for a long time in the morning. The objections the Committee raised in the morning while waiting for the DM were noted. However, the Bill was very important for the Committee and the community, and the DM promised to attend the meeting.
 
The meeting was adjourned.