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May : Regulation of Agricultural Land Holdings Bill - Article & Developments

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23 May, 2018

Regulation of Agricultural Land Holdings Bill - Article & Developments

Regulation of Agricultural Land Holdings Bill - Article & Developments
Maite Nkoana-Mashabane. Picture: NTSWE MOKOENA


Please find below for your information an article that appeared in yesterday's Business Day regarding the Minister of DRDLR's budget vote in Parliament.

According to the report, Minister Maite Nkoana-Mashabane wants to (a) "fast-track" the promulgation of the Regulation of Agricultural Land Holdings Bill (which concerns registering ownership of agricultural land, limiting foreign ownership of land and the imposition of land ceilings) as well as (b), publishing the valuation regulations i.r.o. the Property Valuation Act (they are still in draft form).

FSA has been dealing with both these highly contentious issues for some time and members have been continually updated on developments. It is our view that the Minister was engaging in "politicking" when she made these comments.  This is because of the following:

Regulation of Agricultural Land Holdings Bill

Following protracted negotiations at Nedlac, the DRDLR informed them about two months ago that they were withdrawing the Bill.  This means that the DRDLR will have to redraft the Bill and resubmit it to Nedlac.  Only once this process has been completed, the new Draft Bill will be gazetted and then go through the normal Parliamentary approval process (including a public participation process). The upshot of this is that the promulgation of this Act is still a long way off.

Regulation i.r.o. Property Valuation Act

Although these regulations do not have to go through a formal approval process and can thus be simply published as "final" regulations, they are not only highly contentious but, in our view, unconstitutional.  The Valuer General is well aware of this as he is of the fact that should they be implemented, he will be taken to Court. Members are reminded that the FSA Exco took a decision to help fund a "legal fund" for this purpose.

We trust that this will put member's minds at ease.  FSA will, as always, keep members abreast of developments on both these issues.

Regulation of Agricultural Landholdings Bill Article

Source: Business Day


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