Upgrading of Land Tenure Rights Amendment Bill: Final Mandates

NCOP Land Reform, Environment, Mineral Resources and Energy

13 April 2021
Chairperson: Ms T Modise (ANC, Northern Cape)
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Meeting Summary

Video: SC Land 13 April 2021

Committee Report

In a virtual meeting, the Committee met to receive the final mandates from provinces on the Upgrading of Land Tenure Rights Amendment (ULTRA) Bill. In order for the Bill to be adopted, the Select Committee needed at least five provinces to support the Bill. The Eastern Cape, Free State, KwaZulu-Natal, Gauteng, Limpopo, Mpumalanga and the Northern Cape had all voted in favour. The Committee received eight final mandates. The Western Cape did not support the Bill. This meant the Committee had the numbers to support the Bill.

The Committee report adopting the Bill was also adopted.

Meeting report

The Chairperson welcomed Members as well as officials to the virtual meeting platform.

The Committee Secretary outlined the agenda of the meeting. The objective of the meeting was to receive the final mandates as submitted by the provinces and adopt the Committee report on the Upgrading of Land Tenure Rights Amendment (ULTRA) Bill. The Committee would also adopt the minutes of its previous meeting.  

The agenda was agreed to.

The Committee received three apologies from Mr M Nhanha (DA, Eastern Cape), Ms M Mokause (EFF, Northern Cape) and Mr J Nyambi (ANC, Mpumalanga). Ms D Mahlangu (ANC, Northern Cape) was the Alternate Member representing the Northern Cape province.

Final mandates

The Chairperson requested the provinces read out their final mandates. The Committee Secretary explained that respective delegates from provinces need to read the mandates as submitted by their respective provinces. The Secretary would count the number of provinces that supported and did not support the Bill after all provinces have made their readings.

Eastern Cape

As Mr Nhanha was not at the meeting, the Secretary did the reading on his behalf. The Secretary read that the legislature supported the Bill and mandated the Eastern Cape permanent delegate to the NCOP to vote in favour of the adoption of the Bill.

Free State

Mr A Cloete (FF Plus, Free State) sought clarity on the final mandates as he still had not received it.  

The Committee Secretary responded that the final mandates had all been sent out, as he understood it. As far as he was aware, provincial legislatures should have also sent their permanent delegate to the NCOP with the mandate of that province.  

Mr I Ntsube (ANC, Free State) responded that he did not understand what the fuss was about. He had received the final mandate from the provincial legislature in the Free State - it voted in support of the Bill.

Gauteng

Ms W Ngwenya (ANC, Gauteng) read that the Gauteng provincial delegate to the NCOP was mandated to vote in favour of the Bill. She also had a report from the Gauteng provincial legislature Speaker to attest that the provincial legislature had voted in favour of the Bill.

KwaZulu-Natal

Ms L Bebee (ANC, KZN) requested the Committee Secretary read the final mandate of the KwaZulu-Natal province.

The Committee Secretary read that the KwaZulu-Natal legislature had met on 13 April 2021 and agreed to mandate the KZN delegate to support the Bill.  

Limpopo

Mr T Matibe (ANC, Limpopo) read that the province of Limpopo voted in favour of the Bill.

Mpumalanga

Ms D Mahlangu (ANC, Mpumalanga) read that the provincial delegate of Mpumalanga to the NCOP voted in favour of the Bill. The deliberation had been done on 8 April 2021. It was also signed by the Mpumalanga Provincial Speaker.

Northern Cape

As M Mokause (EFF, Northern Cape) was not on the virtual platform, the Chairperson asked the Committee Secretary to read out the provincial mandate on Ms Mokause’s behalf. The Secretary read that the Northern Cape provincial legislature voted in favour of the Bill.

Western Cape

Ms C Labuschagne (DA, Western Cape) read that the Western Cape provincial legislature met on 12 April 2021 and did not support the Bill.

The Committee Secretary explained the legislative process - in order for the Bill to be adopted, as had been referred by the National Assembly without amendments, the Select Committee needed at least five provinces to support the Bill. So far the provinces of the Eastern Cape, Free State, KwaZulu-Natal, Gauteng, Limpopo, Mpumalanga and the Northern Cape had all voted in favour. The Committee received eight final mandates. The Western Cape did not support the Bill. This meant the Committee had the numbers to support the Bill.

Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy, on the Upgrading of Land Tenure Rights Amendment Bill [B 6B - 2020]

The Committee Secretary read out the report.

The report was adopted.

Mr A Arnolds (EFF, Western Cape) did not support the adoption of the report.

The Chairperson acknowledged Mr Arnolds’ point.

Committee minutes dated 7 April 2021

The minutes were adopted.

Mr Cloete complained about his colleague from the Free State Province, Mr Ntsube, about his earlier remark on the ‘fuss’. He said that Mr Ntsube had been absent from the previous meeting when the Free State was due to deliver its negotiating mandate on the Bill. He remarked that Mr Ntsube was hardly attending meetings at all.

The Chairperson thanked Members for their participation on the Bill. The Bill had been presented within such short notice but the Select Committee had managed to meet the deadline.

The meeting was adjourned.  

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