ABC Parliamentary report: 11 August – 5 September 2008
- Portfolio Committee on Agriculture and Land Affairs: Land Use Management Bill
On 5, 6, 12 and 13 August 2008 the Portfolio Committee on Agriculture and Land Affairs dealt with the Land Use Management Bill. The Department of Land Affairs had an opportunity to respond to the submissions made by Agri SA and others during the public hearings. On 12 August the Legal Resources Centre, SALGA (the association of public authorities) and the Commission on Gender Equality made further submissions on the Bill. Certain amendments were effected in accordance with inputs provided during the public hearings and by Committee members.
- Portfolio Committee on Agriculture and Land Affairs: Provision of Land and Assistance Amendment Bill
On 19, 20 en 26 August the Portfolio Committee on Agriculture and Land Affairs discussed the Provision of Land and Assistance Amendment Bill. On 19 August the Department of Land Affairs made a submission to the Committee regarding the proposed amendments. On 20 August Agri SA, the Institute for Constitutional and Labour Studies, NAFU and one Geoff Lumsden made submissions to the Committee regarding the Amendment Bill.
The amendments tabled in Parliament were aimed at extending the application of the Act by making provision for the Minister of Agriculture and Land Affairs to acquire going concerns, farms with movable assets and shares in farming enterprises for the purpose of land reform. In its submission Agri SA stated that the chances of new black farmers succeeding would be enhanced by settling them on going concerns or as shareholders rather than simply giving them the land. For this reason Agri SA supports the principle of voluntary market transactions according to which the state, through negotiation, purchases such going concerns, farms with movable assets and shares in farming enterprises. The problem, however, is that the legislation would allow the Minister to expropriate such going concerns, farm with movable assets and shares in farming enterprises. In its submission Agri SA objected strongly to this. Agri SA is of the opinion that expropriation should not be used for redistribution purposes as there is more than enough land available on the open market.
Mr Motsepe Matlala made a submission on behalf of NAFU. He said NAFU fully supports the proposed amendments and asked for greater state support for both emerging and commercial farmers. After further discussion, the Committee accepted the Bill on 2 September subject to the amendments. The clause that deals with expropriation in terms of a future Expropriation Act, among others, was removed from the legislation. The principle of retrospectivity was also rejected.
- Portfolio Committee on Trade and Industry: Public hearings on the Companies Bill
On 13 August 2008 the Portfolio Committee on Trade and Industry held public hearings on the new Companies Bill. Various organisations, including Eskom, the Board of Auditors, Old Mutual, Transnet and the Banking Council, made submissions on the Bill. On 20 August Cosatu also made a submission and on 22 and 25 August the Department of Trade and industry responded to the submissions. Issues highlighted included:
- the duties and responsibilities of directors;
- the concept of “business rescue”;
- access to company information;
- audits; and
- the protection of shareholders.
Certain amendments were made to the Bill, which was accepted by the Committee on 28 August.
- Portfolio Committee on Trade and Industry: Public hearings on the Consumer Protection Bill
On 2 and 3 September 2008 the Portfolio Committee on Trade and Industry held public hearings on the Consumer Protection Bill. Pick ’n Pay, the traders association, the Motor Dealers Association, the Banking Council, Neotel and Deloitte, among others, made submissions to the Committee. Concerns were expressed regarding the definitions of “consumer” and “supplier” and the possible impact of the legislation on small businesses. The SA Free Alliance on Genetic Manipulation also made a submission in which they requested that GMO products should be marked and that provision be made for accountability when GMO products cause harm. On 10 September 2008, the Department of Trade and Industry responded to the public submissions on the Bill. The Department stated that the main objective of the Bill was to create one piece of legislation providing for consumer protection. The emphasis was on protecting individuals and small businesses. The Department agreed to amend the threshold to one based on annual turnover or asset value, to be determined by regulation. The Department did not agree to reintroduce gmo-labelling as it felt that it did not have the expertise or technical capacity to decide on the safety of gmo’s.
- Portfolio Committee on Justice and Constitutional Development: Scorpions Bill:
Public hearings on the proposed closure of the Scorpions unit of the Police were held on 5, 6, 7 and 19 August as well as on 2,3,4 and 9 September. Various organisastions made submissions in the hearings. The Committee will now consider the submissions and then decide on further steps to be taken.