Agriculture

(1)    (a) Ralstonia solanacearum (the bacterial wilt causing organism) is a quarantine pest in South Africa in terms of the Control Measures R.110 of 27 January 1984, as amended. Therefore, any infested area will be placed under quarantine in terms of an official order under the Agricultural Pests Act, 1983 (Act No.36 of 1983). This measure is applied jointly with the provision of the schemes under the Plant Improvement Act, which prohibit planting for the next 8 years since the disease is soil borne. In cases where the infested potatoes have been harvested and intended for distribution (more importantly, potatoes seeds), measures are taken in terms of section 7 of the Agricultural Pests Act, to destroy such material in order to prevent further spread and establishment. The Department of Agriculture, Land Reform and Rural Development (DALRRD) administers the said Act. 

(b) The DALRRD understands that there is an expectation from the farmers for compensation in terms of monetary value to this effect. However, the three affected growers in the Sandveld were visited in November 2019, and were updated about the matter regarding their application, including the importance of control and management of Ralstonia solanacearum. From time to time, the growers are being updated in terms of the internal process, which are unfolding within the DALRRD. 

(c) In terms of the Agricultural Pests Act, Section 7(5) (a) of the Act states that “if anything has been destroyed by the virtue of an order in terms of the Act, the Minister may, with the concurrence of the Minister of Finance, out of moneys appropriated by the Parliament for that purpose, pay such compensation as he may consider reasonable in respect thereof”. In this regard, it should be noted that there is no guarantee for compensation in terms of monetary value. The objective of the Agricultural Pests Act is to combat/prevent the spread of quarantine pests or regulated pests. Furthermore, Control Measures R.110 provides for destruction of infested material to prevent further spread of the prohibited organism. This is done to protect the industry (Potato industry) against quarantine pests for sustainable production and food security.  

(2)    Since the receipt of the application for compensation in terms of the Agricultural Pests Act, 1983 (Act No. 36 of 1983) from Potatoes SA (receipt of submission was acknowledged by the former Chair of the Potato Quarantine Pest Committee (PQPC) at a meeting in October 2015), further information was requested and supplied and meetings with affected growers had been held. The internal process is ongoing within DALRRD in order to provide a response to the affected growers. At the PQPC meeting of 9 March 2021, it was noted that the matter is very complex, and it is the first time that the legislation is challenged in this way. Upon finalization, the affected growers will be informed about the decision taken on their application.