Parliament, Tuesday, 21 November 2023 – The Portfolio Committee on Agriculture, Land Reform and Rural Development received a briefing today from the Department of Agriculture, Land Reform and Rural Development on its responses to submissions made by the National House of Traditional and Khoisan Leaders (NHTKL) and the Minister of Forestry, Fisheries and the Environment on the Preservation and Development of Agricultural Land (PDAL) Bill.
In response to the NHTKL submission regarding the Minister of Agriculture, Land Reform and Rural Development’s powers over agricultural land, apart from the13% of land that is under the hands of tribal authorities, the department reiterated the Bill’s objectives. These are to enhance the regulation of agricultural land use management, as currently under the Subdivision of Agricultural Land Act, and support the development of agricultural land in order to preserve agricultural land for agricultural production.
The NHTKL also submitted its wish that all land under traditional councils be preserved and controlled by the tribal authorities and their communities. In response, the department told the portfolio committee that communication of any development of agricultural land, as defined in the Act, will involve consultation with affected parties, including the traditional council.
Traditional leaders feel that the PDAL Bill will reduce ownership rights over agricultural land, meaning that South Africans will not have individual ownership of agricultural land. Therefore, even if expropriation of land without compensation is avoided, the Bill will significantly reduce the normal competencies of ownership over agricultural land.
The committee heard that the matters raised by the NHTKL are not contrary to the Bill’s objectives and the department assured the traditional leaders that their rights and those of their communities will not be trampled upon by the new legislation.
The committee received legal advice from Parliamentary Legal Services on the submission from the Ministry of Forestry, Fisheries and the Environment that the matter was an intergovernmental issue that should be resolved through an engagement by the two departments.
The committee also noted that the matter was not a constitutionality issue between the two departments but a question of a mandate on some issues, including the agro-ecosystem,which the Department of Agriculture, Land Reform and Rural development believes the environment is not in that scope.
The Chairperson of the committee, Nkosi Zwelivelile Mandela, said it was the committee’s duty to consider public submissions from stakeholders on legislation before the committee.
“The amendments are straightforward and seek to strengthen and simplify the Bill. We will continue processing the Bill and ensure that the agreed amendments are effected on the final draft,” the Chairperson said.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT, NKOSI ZWELIVELILE MANDELA.
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