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President Cyril Ramaphosa has recently signed three pieces of legislation into law that will all have a serious impact on the South African agricultural sector.
On 23 January, it was announced president Ramaphosa signed the Expropriation Act, 2024 (Act 13 of 2024). Then, on 27 January, it was announced that he signed the Preservation and Development of Agricultural Land Act, 2024 (Act 39 of 2024). On 13 February, it came to light that a third piece of legislation – The Plant Health (Phytosanitary) Act, 2024 (Act 35 of 2024) – was also signed into law in that time.
What are the focus and legal implications of these individual laws?
Expropriation Act, 2024 (Act 13 of 2024)
The signing of this law has led to a repeal of the pre-democratic Expropriation Act of 1975 and sets out how organs of state may expropriate land in the public interest for varied reasons, according to a press release issued by the presidency.
Hans-Jurie Moolman, director of the legal firm Moolman and Pienaar, said while this Act’s legality will soon be tried in court by opposing parties, it did not take away from the fact that South Africa’s land restitution process was creating a situation pregnant with danger.
Whilst the current focus in the national debate was on the wording of the new Expropriation Act, the danger lies in the purpose for which the said act was enacted, Moolman argued. “Such purpose, with reference to the current state of land reform in South Africa, cannot be regarded as steps towards respecting, protecting, promoting, and fulfilling the rights of citizens, but instead it should be regarded as a dangerous political necessity and a quick fix for failure in redressing South Africa’s land issues.”
Moolman said nobody (in government) was willing to accept responsibility or to be held accountable for the failure of land reform, and therefore this Bill could now ensure that the years and years of failure could be transferred to innocent citizens of South Africa who could be made scapegoats for their mere existence at the wrong place and at the wrong time. “It is a where land values are gradually eroded towards the goal of eventually expropriating without compensation and no longer a commitment towards constitutional democracy.”
Preservation and Development of Agricultural Land Act, 2024 (Act 39 of 2024)
According to the presidency, the aim of this Act is to ensure that agricultural land supports long-term food production, and that agriculture contributes to economic growth. The law supports government’s objectives and priorities in respect of the sustainable management and use of natural resources, the statement reads. It also sets out a countrywide policy and regulatory framework for the preservation and development of agricultural land.
Annelize Crosby, Agbiz’s head of legal intelligence, said the Act would benefit agriculture, as it stipulates the protection of all agricultural land. “We are losing good agricultural land at an alarming rate. This Act has been in the pipeline for decades and is necessary to ensure that good agricultural soil would be retained for agricultural production and managed properly.” The definition of what agricultural land is, is also very broadly defined in the Act, Crosby added.
Moolman said in future, this law will ensure that people will have to use the best scientifically proven methods to farm, rather than using personal preferences. “This means that wrong decisions could in future be contested in court.” On face value, Moolman said it did not look as though this will give government the authority to tell farmers what they were able to produce on their land, but it did mean that non-primary agricultural activities could be limited going forward. “Towns will also no longer be able to simply use high potential agricultural land on the outskirts of town as human settlements.”
Moolman said when looking at the statistics, South Africa was a lot more vulnerable to potential food shortages than one would think. “Our agriculturalists and commercial farmers really produce miracles for South Africa, and they seldom get enough credit for that.”
Moolman said whilst one could argue that this Act was government trying to interfere with the free market system, the reality was that there was a responsibility with respect to food production. However, producers could rest easy, as government could not use this law as a legal basis to confiscate fallow land, Moolman added.
The Plant Health (Phytosanitary) Act, 2024 (Act 35 of 2024)
On 13 February, the presidency issued a statement that this Bill was signed into law, replacing the Agricultural Pests Act of 1983, which up to now regulated the national plant health (phytosanitary) system.
“The new law responds to the concern that the introduction and spread of potentially damaging pests in South Africa could have a significantly negative impact on South African biosecurity, agricultural production and food security, as well as on market access,” Vincent Magwenya, spokesperson to the president, said in the statement.
The Bill provides for phytosanitary measures to prevent the introduction, establishment and spread of regulated pests to safeguard South African agriculture and plant natural resources. It also provides for the control of regulated pests, regulation of the movement of plants, plant products and other regulated articles into, within and out of the Republic.
Magwenya added that the law brought South Africa into compliance with the World Trade Organisation Agreement on the Application of Sanitary and Phytosanitary Measures, as well as the International Plant Protection Convention. “This compliance will support South Africa’s efforts to enter new markets and maintain current export markets, which will have a positive impact on the South African agricultural sector in terms of job creation and sustainable use of land and other natural resources.” – Susan Marais, Plaas Media
