New legislation that affects agriculture

TAU SA's Executive Committee has noted with concern the publication of major legislation during the holiday period.

At the last Executive Management Meeting of 2010 TAU SA put itself on top alert since it was expected that the already controversial so-called Green Paper on Land Reform would be published.

It now appears that some of the most controversial provisions in the leaked Green Paper are accommodated in other legislation. The effect is that the Green Paper is implemented even more broadly in several other laws.

In the proposed labour law there are certain provisions that will dramatically impact especially on agriculture. The almost simultaneously published legislation on tenure is closely linked to the labour law and a violation of the farmer's property rights.

TAU SA shares the concern of a growing number of economists who think that South Africa 's labour laws stand in the way of meaningful investment by foreign countries. Likewise the changes in these laws will impact negative to much needed investment in South African agriculture.

The Land Tenure Bill leaves the potential that farmers will not be able to farm any longer effective and meaningful on their land. Moreover, that Bill relocates many of the responsibilities of local governments to farmers.

TAU SA is fully investigating the two Bills and obtaining a legal opinion on them. A presentation will be given to the relevant Portfolio Committees. Meanwhile TAU SA is making the following proposals to commercial farmers, to be implemented by them as a matter of utmost urgency:

* The published draft laws, read together with the pronouncements of the ANC President at the ANC's 99th anniversary, is a clear sign that the government is intending to clamp down on farmers this year.

* To get maximum leverage on government to have farmers' interests protected, no farmer should stand neutral against organized agriculture. TAU SA seriously pleads to farmers who are not connected to organized agriculture will immediately join organized agriculture. On the long run it is an investment with good returns.

* Farmers must be informed that they have to become in line with existing labour legislation.  It is most important to have a proper employment contract with each employee in place, as well as a disciplinary code.

* Farmers urgently need to do research into alternative accommodation options for their workers, which will be especially beneficial for workers in terms of availability of clinics, schools, cemeteries and other services.

Statement by TAU SA, January 11 2011

Click here to sign up to receive our free daily headline email newsletter