President Cyril Ramaphosa signed another law yesterday (Tuesday, 28 January 2025), this time the Preservation and Development of Agricultural Land Act.
It had been awaiting his signature since May 2024.
Against the backdrop of the Expropriation Act, the FF Plus is concerned that this law could be used to give government sway over agriculture’s decisions regarding production.
The law was referred to the President for enactment in May 2024 already and is among the laws he said he is still looking for a pen to sign.
The objective of the law is to protect agricultural land against short-sighted residential, industrial and especially mining development. Strip mining, in particular, removes the arable topsoil to exploit the minerals deeper down. Sometimes, the consequences are irreversible.
The law makes provision for provincial agricultural sector plans, and determines principles that need to be implemented when using agricultural land for other purposes. It also stipulates that lists of impermissible activities as well as activities that may continue without obtaining permission have to be compiled.
Several agricultural organisations are concerned that these provisions could give government – through the various committees for which the law also makes provision – the power to prescribe to individual enterprises what they should do regarding production; for example, prescribe which crops to plant.
Another cause for concern is the severe penalties for failure to comply with the law. This must be understood in the context of reckless entrepreneurs who start non-agricultural activities on agricultural land and simply claim the resulting fine as an expense.
The FF Plus has noted several possibilities for exploiting the Act. Therefore, farmers are encouraged to participate in the legally required public participation process, whether in their personal capacity or as part of an organised body.
A government that is happy to expropriate property at zero compensation must certainly not be given free rein to centralise agricultural decisions.
