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Honourable Members

The speakers before me have expressed their view on the proposed Agricultural Research Amendment Bill, 2001.

The Agricultural Research Act, 1990 (Act No. 86 of 1990) establishes a juristic person, the Agricultural Research Council (ARC) to deal with agricultural research.

The Act determines the objectives, functions, powers and duties of the ARC, prescribes the manner in which the ARC is to be managed and governed and regulates the ARC's employee matters and financial affairs.

The Constitution provides for three levels of government, namely the legislature, the executive and the judiciary. In accordance with section 42(1) and (2) of the Constitution, Parliament which consists of the National Assembly and the National Council of Provinces, which participates in the legislative process.

In terms of section 42(3) of the Constitution the National Assembly represents the people and is there to ensure government by the people by providing a national forum for public consideration of issues, by passing legislation and by scrutinising and overseeing the executive action.

In terms of section 92(2) of the Constitution members of the Cabinet are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions.

The current appointment procedure of the members of council that manages and controls the ARC, involves the Parliamentary committees.

By involving the Parliamentary committees in such an executive action, the Parliamentary Committee effectively becomes responsible to the National Assembly and for the performance of the ARC.

This is neither in line with the separation of powers of the legislature, the executive and the judiciary as envisaged by the Constitution nor with the accountability measures provided for in the Constitution for the various levels of government.

The appointment of the council is an executive function, which is my responsibility as Minister and a member of the Cabinet.

This Bill therefore aims to address the appointment procedure of the council to bring it in line with the Constitution and I count on the Honourable members to support this correction of this anomaly.

There will be no increased expenditure caused by the Bill. The amendments would result in a reduction of the cost to appoint the members of the council.

Honourable members, the National Department of Agriculture is of the opinion that this Bill must be dealt with in accordance with the procedure set out in section 75 of the Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996).

I thank you

Issued by Ministry of Agriculture and Land Affairs

26 June 2001