Legislation and Other Mandates

The Department derives its mandates from a number of Acts and policies. These include but are not limited to the following:

Agriculture, Rural Development and Land Administration related acts:

  • Comprehensive Rural Development Framework Version 2 of 2009.
  • Agricultural Product Standards Act 1990(Act Number 119 of 1990), which sets standards for all agricultural products.
  • Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983), which provides framework for the protection of all natural resources such as water, soil and vegetation. Good sustainable farming practices are promoted through the use of this legislation.
  • Provision of Land for Settlement Act, 1993 (Act 126 of 1993), provides a framework within which land for settlement can be demarcated, zoned and supported (Clause 10).
  • Strategic Plan for South African Agriculture, November 2001, which is a policy framework that guides the agricultural development imperatives in South Africa.
  • The Labour Tenant Act, 1996 (Act 3 of 1996), which set the criteria to qualify individuals as a labour tenant.
  • AgriBEE Framework of the Broad-Based Black Economic Empowerment Act, 2004.
  • National Water Act 36 of 1998, Regulates water allocation.
  • Plant Breeders™ Rights Act 15 of 1976, Regulates registration of plants.
  • Plant Improvement Act 53 of 1976, Regulates the improvements of plants.
  • Agricultural Products Standards Act 119 of 1990 provides for the standardisation of quality norms for agricultural and related products.
  • Animal Diseases Act 35 of 1992: This Act provides measures for the control of animal diseases as well as animal parasites and promotes animal health.
  • Animal Protection Act 71 of 1962: Relates to the prevention and protection of animals against any form of cruelty.
  • Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947: Provides for the registration and regulation of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants and pest control operators.
  • Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972: Controls the sale, manufacture and importation of foodstuffs, cosmetics and disinfectants. This act protects the consumer against foodstuff that is harmful or detrimental to his/her health (including products from animal origin).
  • Meat Safety Act 40 of 2000: Promotes meat safety and safety of animal products, which includes standards in respect of abattoirs and the importation and exportation of meat.
  • Abattoir Hygiene Act 121 of 1992, Provide standards for maintenance of hygiene in abattoirs.
  • Veterinary and Para-Veterinary Professions Act 19 of 1982: Provides for the registration and control of people practising a veterinary profession and para-veterinary profession, which include veterinarians, animal health technicians and laboratory technologists.
  • Animal Identification Act 6 of 2002: Provides for the registration of animal identification marks and matters related to it.
  • Livestock Improvement Act 62 of 1998: Provides for the breeding, identification and utilisation of genetically superior animals in order to improve the production and performance of animals in the interest of South Africa.
  • The Marketing of Agricultural Products Act 47 of 1996: Provides for the establishment and enforcement of regulatory measures to intervene in the marketing of agricultural products, including the introduction of levies on agricultural products.
  • Medicines and Related Substances Control Act 101 of 1965: Makes provision for the registration and control of medicine intended for human and animal use and the registration of medical devices.
  • Pounds Ordinance 13 of 1972 (Transvaal): To provide for establishment and management of livestock pounds.
  • Stock Theft Act 54 of 1972: To provide for the prevention of and control of theft of livestock.
  • Performing Animal Protection Act 24 of 1935: Regulates the exhibition and training of performing animals and the use of dogs for safeguarding.
  • Health Act 63 of 1977: Provides for various issues associated with human health including the hygiene requirements for food premises and the transporting of food (products of animal origin).
  • Perishable Products Export Control Act 9 of 1983, Regulates the control of export of perishable products.
    South African Abattoir Corporation Act 120 of 1992, Regulates the abattoir industry.
  • Development Facilitation Act, 1995 (Act 67 of 1995): provides extraordinary measures to facilitate and speed up the implementation of reconstruction and development Programmes and projects in relation to land and for the establishment of the Mpumalanga Development Tribunal.
  • Less Formal Township Establishment Act, 1991 (Act 113 of 1991): provides shortened procedures for designation, provision and development of land and the establishment of towns.
  • Upgrading of Land Tenure Act, 1991 (Act 112 of 1991): to provide for the upgrading and conversion into ownership of certain rights granted in respect of land; for the transfer of tribal land in full ownership to tribes; and for matters connected therewith.
  • Town Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986): to provide for the management of land use, establishment of towns and the establishment of the Mpumalanga Townships Board.
  • The Division of Land Ordinance, 1986 (Ordinance 20 of 1986): to provide for a legal framework for the division of non-agricultural land.
  • The Removal of Restrictions Act, 1967 (Act 84 of 1967): allows for the amendment and removal of certain restrictions and responsibilities with regard to land.
    The Roads and Ribbon Development Act, 1940 (Act 21 of 1940): regulates the construction or laying of structures and other things near certain roads and access to certain land from such roads.
  • The Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970): controls the subdivision and use of agricultural land.
  • Communities Development Act, 1984 (Act 4 of 1984): provides for the development of communities. (repealed)
    Mpumalanga Land Administration Act, 1998 (Act 5 of 1998): to provide for the acquisition and disposal of land being owned by the Mpumalanga Provincial Government.
  • Physical Planning Act, 1967 (Act 88 of 1967): promotes co-ordinated environmental planning and utilisation of resources and for the control of the use of land. 
  • Regulations for townships in Black Areas, 1962 (Proclamation R293 of 1962): to administer and control towns in the former homeland areas.
  • Land Regulations, 1969 (Proclamation R188 of 1967): to administer land development in tribal areas.

Administrative related acts:

  • Public Finance Management Act no.1 of 1990 (PFMA) with its subsidiary acts .
  • Treasury Regulations.
  • Public Service Act no. 92 of 1994 (PSA).
  • Labour Relations Act no. 66 of 1995.
  • Promotion of Access to Information Act no.2 of 2000.
  • Promotion of Administrative Justice Act no.3 of 2000.
  • Higher Education Act 101 of 1997. This Act governs the provisions of Higher (Tertiary) accreditation.
  • South African Qualifications Authority Act of 1995 which sets standards on how training and qualifications are to be governed, accredited and aligned.
  • Further Education and Training Act 98 of 1998, provides a framework within which Further Education and Training can be provided in order to lead to the articulation of Higher Education and Training.

For information, click here to download the acts.